The Delhi High Court on Friday deferred hearing in a Public Interest Litigation plea, which sought steps to prohibit public servants from partaking in political activities, saying the issue needs some more research.
“There are better issues. People are not getting jobs… I can understand that matter. People are not getting proper treatment… I can understand that matter. But this matter…” said a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.
The plea to enforce the ‘principle of political neutrality’ among public servants was filed by petitioner Sonali Tiwary through advocate Aditya Raj. It claims that such individuals are failing to perform their duties as public servants, as defined in Section 21 (12) (a) of the Indian Penal Code, 1860 and Section 2 (c) of the Prevention of Corruption Act, 1988.
Senior advocate Sanjoy Ghose, appearing for Tiwary, submitted that all political parties are doing this. “For example, someone is handling the national commission and is also the spokesperson of a party.”
The court asked the petitioner to bring some judgments in this regard and said it will hear the matter thereafter. Orally, the bench also asked senior advocate Salman Khurshid, present in the courtroom, to assist the court.
The plea states that non-compliance with the principle of political neutrality is causing huge losses to the public exchequer. The plea also seeks direction to the central government and Delhi government to remove those who have acted or are continuing to act in wilful ignorance of the principle of political neutrality and those who hold any official position in a political party while working as a public servant.
It further seeks the constitution of a committee for framing guidelines for the appointment of persons holding official positions in political parties as public servants.
The plea alleges that persons holding official positions in political parties are appointed to government positions and continue to engage in political activities after such appointment, which is a direct violation of the ‘principle of neutrality’ and also interferes with the performance of the public servant’s duty.
The petition mentions leaders belonging to the BJP and AAP who have been reportedly appointed to government posts but continue to engage in political activities.
“The moot question that begs to be answered is why these public servants should be maintained out of the taxpayers’ money when, in fact, they have failed to uphold the sanctity of the public office and used the same for their own political gain and political agenda,” the plea states.
“Impartiality and neutrality are the cornerstones of the office of a government servant as well as a public servant. However, violation of that rule would create a cloud over the decision-making of the public servant,” the plea adds.
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