Chakravartti, J. - (1.) At the time this appeal was argued before us, it appeared as if it involved a fundamental question concerning the fundamental rights. Since judgment was reserved, it has transpired that that question does not really arise.
(2.) The respondent Krishna Chandra Chatterjee, who was a permanent clerk at the Central Telegraph Office, Calcutta, was dismissed on the ground that by publishing an objectionable leaflet of which he was also a coauthor, he had violated Rule 20(1) of the Government Servants' Conduct Rules. That dismissal has been set aside by Sinha, J., on an application made by Sri Chatterjee under Article 226 of the Constitution of India. The learned Judge has held that Rule 20(1) is too vague to admit of any determinable meaning and accordingly it constitutes not a reasonable but an unreasonable restriction on the fundamental right of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution. The present appeal is by the Chief Superintendent, Central Telegraph Office, Calcutta, against that) decision of the learned Judge. On his behalf, the construction put by Sinha, J., on Rule 20(1) of the Government Servants' Conduct Rules was challenged. But it was also contended that all questions of fundamental rights were irrelevant, inasmuch as Government servants, qua Government servants, had no fundamental rights. The last argument was put on two grounds: it was said that the Constitution itself had committed the service of Government servants to the pleasure of the President, restricted only as to the manner in which disciplinary action in respect of some of the graver penalties was to be taken; and it was said, in the second place, that, in any event, when a citizen of India accepted some service under Government, carrying certain conditions with it, he must be deemed to have elected to have foregone such of his fundamental rights as might be inconsistent with such conditions.
(3.) It can hardly be gainsaid that the last contention, which apparently was not urged before the learned trial Judge is one of the utmost importance, affecting, as it does, hundreds and thousands of citizens of India employed in Government service. Some day the question will undoubtedly have to be decided. It however appears to us that we are not called upon to decide it on the present occasion.;