Sinha, J. - (1.) The petitioner was appointed as a clerk in the Central Telegraph Office sometime in May 1944. He was made permanent in June 1948. There is no written contract of service. In February, 1944, the petitioner had been selected as a candidate for the post and he was required to undergo training without allowance. He joined the department for the purpose of training on or about 4-3-1944 and on that date he signed a declaration to the following effect : "I do hereby declare that I have read the Government Servants' Conduct Rules and thoroughly understood them."
(2.) It appears that the petitioner interested himself in trade union activities. Some time in 1949, a printed handbill was issued under the signature of six persons including that of the petitioner who is shown therein as the Secretary of the Telegraphic branch of the Union of Posts and Telegraph Workers. This handbill, or the "leaflet" as it has been called, is in the Bengali, language and calls upon the Posts & Telegraph Workers to observe 13-8-1949 as Unity Day for the Posts & Telegraph workers. The leaflet proceeds to state that the authorities were victimising workers, because of trade-union activities and exhorted them to form committees of resistance to carry on the workers' struggle against such action. The leaflet contains averments of police excess and departmental highhandedness. A great deal has been made of the Bengali words "Sangram Committee". The authorities insist on translating it as "War Council" whereas, according to the petitioner, it meant "Council of Action". It is pointed out that the word "sangram" has not been used in the sense of physical force or military action but legitimate struggle on the lines of trade-union activities.
(3.) On 5-7-1950 the petitioner was served with a notice under Rule 3, Civil Services (Safeguarding of National Security) Rules, 1949, issued by the Post Master General, Western Circle. It was stated in the notice that in the opinion of the "competent authority" (as defined by the said Rules), the petitioner was reasonably suspected to be a member of the Communist Party of India and his loyalty to the State was gravely doubted. Reference was then made to the Bengali leaflet mentioned above, printed at the Venus Printing Works, Bowbazar, and issued from P 33, Mission Row. It was stated that the leaflet was distributed at the meeting of the U. P. T. W. held in Wellington Square on 1-8-1949. It charged the petitioner with being liable to compulsory retirement from service under Rule 3, and he was called upon to show cause why he should not be compelled to do so. The petitioner was required to proceed on leave with effect from the date of the notice.;