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TMI Blog1962 (11) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... certain activities of his which were considered 'to be objectionable. He was duly served with a notice to cause, and his case was in due course considered by the Committee of Advisers, who recommended that he be retained in service. In pursuance of the recommendation of the Advisory Committee, the appellant was reinstated with effect from May 26, 1951. After passing his departmental examination in 1952, the appellant was appointed as officiating Sub-Divisional Officer, Telegraphs. While he was so employed at Nagpur, he was served with a notice dated November 3, 1952, from the office of the Director-General, Posts and Telegraphs, under the provisions of r. 3 and 4 of Civil Services (Safeguarding of National Security) Rules, 1949-which hereinafter will be referred to as the Rules in the following terms No. Stay 98-10/52 New Delhi, the 3rd November, 1952. Whereas in the opinion of the Competent Authority as defined in rule 2 of the Civil Services (Safeguarding of National Security) Rules, 1949. (who in your case is the Director General) there are reasonable grounds for believing that after your reinstatement in service on May 26, 1951 you have continued to associate with ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Advisers. The appellant submitted a letter on January 23, 1953, requesting that at the time of the oral hearing all the evidence on which the charges mentioned in your letter No. STA 98-10/52 dated 3.11.1952 have been framed , may be made available to him so that on scrutinising them he might prove his innocence. On January 28, 1953, the second respondent examined the appellant in person, and thereafter on May 19, 1953, he was served a second show-cause notice, which is in these terms Memo No. STA-98-10/52/SEA Dated New Delhi, the 19th May, 1953. Shri V. S. Menon, Sub-divisional Officer, Telegraphs, Nagpur, was called upon to answer the following charges:-- Soon after your arrival in Nagpur important local Communists were reported to have contacted you: and during the discussion you were reported to have interested yourself in the political activities of the Communist party and other political organisation and Nagpur. You are also reported continuing your association groups, in to be actively with Shri B. N. Mukherjee and other' prominent local Communists. 2. The Committee of Advisers have considered the defence submitted by Shri V. S. Menon and the record of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies in such a manner, as to raise doubts about his reliability., and is satisfied that his retention in the public service is prejudicial to national security. Shri V. S. Menon is hereby informed that the competentauthority has accordingly decided, with the prior approval of the President that Shri V. S. Menon should be compulsorily retired from service in accordance with the provisions of the Rule 3 of Civil Service (safeguarding of National Security) Rules, 1949. (H. L. jerath) Director General, Post and Telegraphs The appellant moved the erstwhile High Court of Judicature at Nagpur under Art. 226 of the Constitution. 'The case was heard by a Full Bench of three judges consisting of Kaushalendra Rao, V. R. Sen and Bhutt, JJ. The Court was agreed as to the order to be passsed , namely, that the petition should be dismissed on th ground that no writ could issue against the respondents though the judges were Kaushalendara Rao, J.- was of the view that even on not agreed, on the merits of the controversy merits the Court could not grant any relief, whereas Sen and Bhutt, JJ., took the view that it was not covered by Art. 310 of the Constitution, and that the Allegations in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority' withheld all evidence, on the ground that it was contained in secret documents; (6) the appellant was not given any opportunity of hearing by the Committee of Advisors, for which he had made I a special request; and (7) compulsory retirement means premature termination of service, and is', therefore, a special penalty which could not be inflicted without appropriate enquiry and proper opportunity to show cause. It is not necessary to consider all the grounds of attack raised on behalf of, the appellant because, in our opinion, the appeal must succeed on the ground that the charge against the appellant, as quoted above, is that you have continued to associate with others is engaged in subversive activities , which is not the gravamen of the charge as contemplated by r. 3, which is in these terms: 3, A Government servant who, in the opinion of the Competent authority is engaged in or is reasonably suspected to be engaged in subversive activities or is associated with others in subversive activities in such a manner as to raise doubts about his reliability may be compulsorily retired from service; Provided that a Government servant shall not be so retired, unless t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d other political organisations and groups in Nagpur, and finally, that he was reported to be continuing his association with Shri B Mukherjee and other prominent local communists. But no where it is, alleged that the appellant had taken any part in subversive activities by himself or alongwith others with whom be is said to have been associated 415, Taking interest in a political activities of, the, Communist party would not amount to taking part in subversive activities so long as the Communist party continued to be a recognised political. Organisation, which has not been banned. It cannot be asserted that, Simply taking with members of the Communist party or associating with such members would amount to engaging, in subversive, activities. Subversive activity, in order to bring the person within the purview of the, rule mustamount to actively pursuing such activities as are calculated to subvert the government established by law, No such allegations appear to have been made against the appellant. The question remains whether in the facts and circumstances disclosed in this case, the appellant has, any just grievance which could be remedied by the, High Court under Art. 226. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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