Decided on December 09,1952



Ramaswami, J. - (1.) In these applications, which we have heard together, an identical question of law arises, namely, whether the order, terminating the service of the petitioner in each case, violates the provisions of Articles 311(2) and 320(3) of the Constitution of India, and therefore illegal and without jurisdiction.
(2.) In M. J. C. No. 98 of 1952 the petitioner is Ajit Kumar Mukherji, who was employed as a clerk in the office of the Divisional Superintendent of Transportation at Dhanbad, since July, 1942. On 12-7-1950 the petitioner received a letter No. PC 142 BI (11) which reads as follows:-- "Whereas in the opinion of the 'Competent Authority' as defined in Rule 2, Railway Service (Safeguarding of National Security) Rules, 1949 who in your case is the Chief Operating Supdt. EIR. Calcutta), you are reasonably suspected to be a member of the Communist party of India and associated with other subversive activities in such a manner as to raise doubts about your reliability, you took very active part in connection with the threatened Railway Strike of March, 1949, organised by the E. I. Railroad workers' Union controlled by the Communist party of India whose avowed object is sabotaging the essential supplies and installations including Railway; You were the Secretary of the Dhanbad Branch of the above mentioned Union. 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 allegation. If you do not reply within that period It will be assumed that you admit the allegation. In either case, you may within the same period submit any representation you wish to make as to why your services should not be terminated under the said Rules. If after considering your representation the competent authority decides that no further action should be taken against you, you will be informed accordingly. If after considering your representation the competent authority considers that there are sufficient grounds for taking further action, the materials on record together with your representation will be referred to the Committee of Advisers set up by the Government of India for this purpose. You are further asked to state whether you wish to be heard in person by the Chief Operating Supdt., or by the Committee of Advisers before orders are passed on your case. If you send no reply within 14 days of the reciept of this Notice, orders will be passed on your case without any further reference to you." On 22-6-1950, the petitioner made a representation denying the allegation that he was a member of the Communist party of India, or that he took any part in the threatened railway strike of March 1949. The petitioner admitted that he was an ordinary member of the East Indian Railroad Workers' Union which was a recognised body and duly affiliated to All India Railway Mens' Federation.
(3.) It is said that in September 1950 the petitioner had an interview with the Chief Operating Superintendent at Calcutta. Thereafter, a notice of termination of service was served on the petitioner which was to the following effect: "I have considered your representation dated 22-6-50 in repiy to the Charge sheet dated 12-6-50 and am of the opinion that you are associated with others in subversive activities in such manner as to raise doubts about your reliability and am satisfied that your retention in public service is prejudicial to national security. I have decided, with the prior approval of the president, that your services should be terminated under Rule 3, Railway Services (Safeguarding of National Security) Rules, 1949. 2. You are, therefore, hereby given one month's pay in lieu of notice in accordance with the terms of your appointment and your service will terminate on 1-12-1950. 3. You are to hand over to your immediate Superior all Railway property, if any, which is in your possession, and let him know where and how you wish to be settled up and receive payment of your dues. ;

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