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1962 DIGILAW 429 (SC)

V. S. Menon v. Union Of India

1962-11-22

B.P.SINHA, J.C.SHAH, K.C.DAS GUPTA, K.N.WANCHOO, P.B.GAJENDRAGADKAR

body1962
Judgment SINHA, C.J.I. : This appeal by special leave is directed against the judgment and order of the Punjab High Court, dated October 6,1960, dismissing Letters Patent Appeal from the judgment of a single Judge of that Court, dated September 10, 1957, dismissing the appellant s writ petition under Art. 226 of the Constitution. There are two respondents, namely, (1) the Union of India and (2) Director- General, Posts and Telegraphs, New Delhi. 2. This case had a checkered history as will appear from the following facts. The appellant was appointed in June 1943 as an Engineering Supervisor by the second respondent. In January 1949, he was suspended from service on account of certain activities of his which were considered to be objectionable. He was duly served with a notice to show 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 Rr. 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. STA. 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 the 26th May, 1951 you have continued to associate with others engaged in subversive activities in such a manner as to raise doubts about your reliability and consequently it is proposed to take action for your compulsory retirement from service under rule 3 of the said rules. The following are the allegations against you:- "Soon after your arrival in Nagpur important local communists were reported to have contacted you and during the discussions you were reported to have interested yourself in the political activities of the Communist party and other political organisations and groups in Nagpur. The following are the allegations against you:- "Soon after your arrival in Nagpur important local communists were reported to have contacted you and during the discussions you were reported to have interested yourself in the political activities of the Communist party and other political organisations and groups in Nagpur. You are also reported to be actively continuing your association with Shri. B. N. Mukherjee and other prominent local Communists." 2. You are hereby required to proceed on such leave as may be admissible to you with effect from the 15th November, 1952. 3. You are hereby required to state within 14 days of the receipt of this notice whether you accept or deny the accuracy of the above allegations. If you do not reply within that period, it will be assumed that you admit the allegations. 4. In either case, you may within the same period submit any representation you wish to make as to why you should not be compulsorily retired from service under the said Rules (copy attached). 5. If after considering your representation the competent authority decides that no further action should be taken against you, you wil1 be informed acc For Citation : AIR 1963 SC 1160