Fundamental Duties Yet To Be Enforced In Real Spirit; Govt Must Come Out With A System With Enforceability Of Citizens' Duties : Madras High Court
Live LawIn a significant observation, the Madras High Court has recently said that it is time for the Constitutional Courts to ensure that the rights and duties are enforced in an equal manner. The Court also referred to Sub-Rule to Rule 19, which stipulates that no Government servant involve himself in any act involving moral turpitude on his part including any unlawful act, which may cause embarrassment or which may bring discredit to Government In this regard, the Court noted that the petitioner, who retired from service in August 2013, had married for the first time in the year 1985, and admittedly, he married for the second time in May 1994, when he was very much in service and therefore, the Court concluded, he had committed misconduct under the Conduct Rules. In reply to this submission, the Court observed thus: "If such consent or contract is permitted, then the very purpose and object of the Conduct Rules would be defeated and the public servant, by relying on the consent of the first wife cannot seek protection from the Conduct Rules, which is otherwise prohibited contracting of second marriage during the lifetime of the first wife." Significantly, underscoring that the Courts cannot encourage in cases where the public servants committed an act of misconduct and claiming benefits, the Court remarked thus: ".in the event of considering such claims, the very purpose and object of the Conduct Rules are defeated and therefore, the Courts are bound to exercise restraint in such matters in granting relief in favor of the second wife merely on misplaced sympathy or considering any other factors which cannot play any role so as to compromise the good conduct, the devotion of duty, integrity to be maintained by the public servants."
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