A bench comprising Judicial Member S.Y. Watawati and Administrative Member Dr. Amita Prasad noted,

“…When there was no specific bar either on the applicant or on anybody from participating in such an organization before it has been declared as a political party, it cannot be said that the act of the applicant violated the conditions stipulated in the Conduct Rules. When the State Government has not prohibited the participation of any citizen, including a Government servant, in the activities conducted by such an organization on holidays, the participation of the applicant in such activities, without affecting his regular work, i.e., on a holiday, will not violate any of the conditions mentioned in Rules 3 and 5 of the Conduct Rules, 2021”, the tribunal noted.

The Tribunal noted that while Rule 3(1) of the Conduct Rules mandates that a government servant must maintain devotion to duty and avoid unbecoming conduct, and Rule 5 prohibits association with political parties or movements, none of them would be applicable if RSS is not a political organization.

Hence, the Tribunal observed that the RSS is a non-political cultural organization and that the employee's participation in its activities, on a holiday, did not amount to misconduct under the Karnataka Civil Services (Conduct) Rules, 2021, especially since the state has not barred the same. While doing so, the tribunal placed its reliance on Ranganathachar Agnihotri Vs. State of Mysore and Others(1966).

For context, the applicant servant was working as a Panchayath Development Officer (PDO) on deputation as a Personal Assistant to the MLA from Lingasugur Constituency. The government servant got suspended on October 17, 2025, by the Commissioner of the Karnataka Panchayath Raj Commissionerate based on a news report that he participated in an RSS event while wearing the organization's attire.

Before the Ttibunal, the government servant argued that the RSS is a non-governmental, nationalist organization engaged in social and cultural activities. He further contended that he participated in the event on a Sunday in his personal capacity, without utilising any of his official position or resources.

While the respondent authorities produced a Tweet from the BJP purportedly praising the RSS, the Tribunal clarified as below:

“…It is not the Tweet made on behalf of the RSSS, if said Tweet has been issued by the RSSS, certainly could have held as it is part of BJP political party, but that Tweet made by the BJP party. Mere that BJP has Tweeted as from farmers to youth, education to environment, the RSSS Vichar Parivaar shapes society across every field matter would have been different. The BJP by way of Tweet appreciated the events of RSSS. Mere that one political party has appreciated the activities of the non-political organization itself cannot be said that the said organization is part of that party…”, the Tribunal noted further.

The Tribunal concluded that the applicant's actions did not violate the Conduct Rules and reasoned it by stating the following:

“…the alleged act of the applicant was in an event organized by a non-political party. When he participated in the event organized by a non-political party, the act of the applicant did not violate the conditions stipulated in Rule 5 of the Conduct Rules, 2021. Further, there was no bar imposed by the state Government by issuing any order or notification prohibiting any Government Official from participating in such an event”.

Hence, the Tribunal allowed the application and quashed the suspension order, directing the respondents to grant all consequential benefits to the applicant. However, it granted liberty to the respondent authorities to initiate a departmental enquiry against the applicant, if necessity arose.

Advocates S.L Tejasvi Surya and Adv. Anirudh Kulkarni appeared for the petitioner. AGA Virangouda M Biradar appeared for the state authorities.

Case Title: Mr. Praveenkumar K.P. v. The State of Karnataka & Ors.

Case No.: Application No. 20709 of 2025