After Olympic medallists Sakshi Malik and Bajrang Punia and Asian Games champion Vinesh Phogat were served with showcause notices by their employer, Northern Railway, on May 27 and asked to rejoin work, Malik reported at her Baroda House office in New Delhi on May 31. Punia and Phogat too resumed their duties soon after. All three hold the rank of Officer on Special Duty.
The showcause notices were issued a day before the wrestlers, protesting alleged sexual harassment by their federation chief and BJP MP Brij Bhushan Sharan Singh, were heckled by police at Jantar Mantar before being detained and booked on rioting charges.
But now that the trio has rejoined their government jobs, is the wrestlers’ protest demanding the arrest of WFI chief Brij Bhushan Singh losing steam?
While media reports on Monday claimed their resumption of duties indicated a pullout from the protest, wrestlers said such “fake news” was aimed at stalling their movement.
Taking to Twitter, Malik wrote the reports about the trio withdrawing from the protest were “completely wrong”.
But, even the 17-year-old minor wrestler who accused Singh of sexual misconduct has withdrawn her allegations, reports The Indian Express. The minor wrestler, who had accused Singh of sexual harassment and stalking on May 10, recorded a fresh statement on Tuesday under Section 164 of the code of criminal procedure, thereby seeking the withdrawal of the charges against him.
With the fresh statement under Section 164, the decision lies on the court to decide if the charges can be pursued and a trial will decide which statement under Section 164 will be given precedence, reports The Indian Express.
However, on Monday, Malik had denied reports that the minor wrestler had withdrawn her FIR. “This is a game to alienate us from the public,” she told reporters in Delhi.
Also, the minior withdrew her charges days after the wrestlers had met Union Home Minister Amit Shah at his residence on Saturday night, so can it be a case of arm twisting so that the wrestlers yield and withdraw their protest?
“It was a normal conversation. No final solution has emerged. Our stance will remain the same: arrest the accused,” Malik told reporters after their meeting with Shah.
“Vinesh, Bajrang and I are together in this fight and till we get justice, we will remain united,” Malik added.
Irrespective of the claims by the protesting wrestlers, their participation in demonstrations could lead to negative consequences in their careers.
“Those who told our medals to be worth Rs 15 each are now after our jobs. Our life is at stake, a job is a very small thing in front of that. If the job is seen to be an obstacle in the way of justice, then we will not take even ten seconds to leave it. Do not blackmail us by threatening us with our jobs,” Punia, Vinesh and Malik tweeted in Hindi.
Do govt employees enjoy right to protest?
Freedom of speech does protect an individual’s right to protest but it doesn’t afford any protection for employment, say experts.
Time and again instructions have been issued by the Department of Personnel & Training (DoPT) to secretaries of all central government departments prohibiting government servants from participating in any form of strike, including mass casual leave, go-slow, sit-down etc or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964.
In the wake of district-level rallies planned across the country in March by the National Joint Council of Action (NJCA) under the banner of ‘Joint Forum for Restoration of old pension scheme (OPS)’, the DoPT in its order said: “There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgments that going on a strike is a grave misconduct under the conduct rules and that misconduct by the government employees is required to be dealt with in accordance with the law.”
Any employee going on strike in any form, including protest, would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action, it said.
In case the employees go on dharna/protest/strike, a report indicating the number of employees who took part in the proposed dharna/protest/strike may be conveyed to the DoPT on the evening of the day, the order said.
The All India Service (Conduct) Rules also bars government employees from any action which is unbecoming of a member of the All India Service. Rule 7 of the Rules states: “No member of member of the Service shall, in any radio broadcast or communication over any public media or in any document published anonymously, pseudonymously or in his own name or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government.”