If DC Depty commissioner calls all government employees for a pen-down strike, it is considered a misuse of power.

If a Deputy Commissioner (DC) — who is the top district administrator — calls all government employees for a pen-down strike, it is considered a misuse of power.

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📌 Why it is Misuse of Power?

1. Role of DC

   • The Deputy Commissioner (or District Magistrate) is the representative of the government in a district.

   • His/her duty is to ensure law & order, administration, and smooth functioning of offices, not to disrupt them.

2. Strike by Government Employees

   • Government employees are restricted from striking under Rule 22 of the Jammu & Kashmir Government Employees Conduct Rules (similar to Central rules).

   • Strikes affect public services, health, education, revenue, and law & order, which DC is supposed to protect.

3. Misuse of Authority

   • DC has administrative powers over employees but cannot direct them to go on strike.

   • Using his position to paralyze government work = abuse of official position.

4. Legal Angle

   • Such an act may fall under misconduct and even attract disciplinary action under service rules.

   • Citizens could also move to High Court against such arbitrary misuse, since it violates Right to Public Services.

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📌 Key Point for Exams / Notes

👉 If a Deputy Commissioner directs employees to observe a pen-down strike, it is misuse of power because it goes against his administrative duty, service conduct rules, and public interest.

If DC Informally Calls for a Strike (No Written Order)

1. No Official Record

   • Since no written order or official circular exists, it is difficult to prove legally.

   • In court or inquiry, lack of documentary proof makes the case weak.

2. Misuse of Position (Ethically & Administratively)

   • Even without written proof, if employees know the DC informally directed or pressured them, it is still a misuse of authority.

   • A DC is expected to maintain neutrality and continuity of governance, not encourage disruption.

3. Risk to Employees

   • Employees who follow such “informal strike calls” are also violating service conduct rules.

   • Later, they cannot defend themselves by saying “DC verbally told us” unless they have evidence.

4. Practical Reality

   • In administration, such practices are common but unofficial.

   • Everyone “knows” but no one can “prove.” This creates a grey zone — morally wrong, but legally safe for the DC unless whistleblowers or collective complaints arise.

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📌 Key Point

👉 If a DC informally calls employees for a strike without written proof, it is still misuse of power ethically and administratively, but hard to establish legally unless employees collectively testify or leak recordings/messages.