CHINTAMANI PURUSHOTTAM NEURGAONKAR Vs. POST MASTER GENERAL CENTRAL CIRCLE NAGPUR
LAWS(BOM)-1962-6-10
HIGH COURT OF BOMBAY
Decided on June 12,1962

CHINTAMANI PURUSHOTTAM NEURGAONKAR Appellant
VERSUS
POST MASTER GENERAL, CENTRAL CIRCLE, NAGPUR Respondents


Referred Judgements :-

D.S. RAJRATNAM V. COMMR. OF INCOME TAX [REFERRED TO]
IN RE: RAJDHAR KALU [REFERRED TO]
ANANTHANARAYANAN V. GENERAL MANAGER SOUTHERN RAILWAY P.T. MADRAS [REFERRED TO]
MANOHAR DAMODAR PATIL VS. GOVERNMENT OF BOMBAY [REFERRED TO]



Cited Judgements :-

MANOHAR VS. UNION OF INDIA [LAWS(DLH)-1965-4-3] [REFERRED TO]


JUDGEMENT

- (1.)THIS order will dispose of both these petitions under Art. 226 of the Constitution of India.
(2.)THE petitioner in Special Civil Application No. 22 of 1962, Chintamani Purshottam Neurgaonkar, was appointed as a clerk by the Post-Master, Poona, in 1947 and attached to Bombay Circle. Eventually he was transferred to Nagpur at his own request in the year 1951. At Nagpur he was attached to the G. P. O. , Nagpur, as a clerk. Subsequently he was put in independent charge as sub-postmaster at the Netaji Market post office at Nagpur. He worked there for about two years and thereafter was called back at the G. P. O. After working in the G. P. O. for one year and some time in the City Post Officer, Nagpur, the petitioner was entrusted with the Night Mobile post Office as a sub-postmaster, in which post he worked for another year. The petitioner also worked at Nayapura Post Office and some time about the year 1958 he took charge as sub-postmaster at the Tilak Statue Post Office, Nagpur.
(3.)ON 17th May 1961 the Postmaster General, Central Circle, Nagpur served on that petitioner a notice to the following effect : -
"whereas for the reasons stated in the annexure it is considered that you are reasonably suspected to the engaged in subversive activities and that your retention in the public service is on that account prejudicial to National Security, and that consequently it is proposed to retire you from service compulsorily under R. 3 of the Central Civil Service (Safeguarding of National Security) Rules, 1953, (copy enclosed) you are hereby directed to submit to the president, through the undersigned, within 14 days of the receipt of this notice, any representation you wish to make against the action proposed to be taken in regard to you. Such representation, if any, will be considered by the President before appropriate orders are passed. If you submit no representation within the time specified, it will be assumed that you have no representation to make against the proposed action and the President will proceed to pass appropriate orders on your case without any further reference to you.

2. If is proposed to place you under suspension, pending the conclusion of these proceedings. However, if you so wish, you will be permitted to proceed on such leave as may be admissible to you, with effect from 22-5-61. You are hereby required to send intimation of your wishes in this behalf, immediately.

3. You are further asked to state whether you wish to be heard in person before orders are passed on your case. "
As an annexure to this notice there is a statement of allegations purporting to show the alleged subversive activities in which the petitioner Chintamani was suspected to be engaged. Those allegations were as follows:-
1. Shri C. P. Neurgaonkar, Sub-Postmaster, Tilak Statue, Nagpur, has been associating and taking active part in the activities of R. S. S. S. 2. He attended the R. S. S. S. trip at Starkey point at Nagpur on the 17th November 1957. 3. He participated in the 'sankrant Mahotsava' of the R. S. S. S. at Mohite ground, Nagpur, on 14th January 1960.



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