Sinha, J. - (1.) The facts in this case are shortly as follows :
(2.) The petitioner was employed as a clerk in the office of the Divisional Engineer. Posts & Telegraphs Department. He is a prominent member of the Posts & Telegraphs Workers' Union and is now the General Secretary of the West Bengal Branch of the said Union. In March, 1949 he was arrested under the West Bengal Security Act, but was released in May following. On or about 10th July, 1950 he was served with a show cause notice asking him to show cause why he should not be absolutely retired under the provisions of the Civil Services (Safeguarding of National Security) Rules, 1949. He showed cause, but no further steps have been taken therein. On or about the 15th November, 1951 the petitioner received a charge-sheet signed by the Divisional Engineer, Telegraphs, Calcutta West Division. A copy of this is annexed to the petition and marked 'B'. The charge-sheet commences by stating that the Deputy Inspector-General of Police, I.B., C.I.D., West Bengal, Calcutta, reported in a letter certain activities on the part of the petitioner, before he was arrested, and placed in detention in jail with effect from 18th of May, 1951. The activities were reported by the D.I.G., I.B., C.I.D., West Bengal, as a result of a watch being kept on the petitioner's movements. Then follows a list of activities so reported, grouped under twelve heads. It is not necessary to refer to all these headings in detail except the following:-- "(1) On 10. 6. 49 Shri Krishna Gopal Basu led about 50 to 60 men to the office of the P.M.G., Calcutta, made a demonstration there and abused the P.M.G. (7) Shri Krishna Gopal Basu spoke at a meeting held on 29.7.49 at the foot of Ochterlony Monument under the auspices of the C.P.I, controlled by the B.P.T.U.C. calling upon the workers to unite for revolution and throwing over the present regime and also participated in the procession that was formed after the meeting. (10) Shri Krishna Gopal Basu along with others was responsible for staging a demonstration on 23.9.49. in front of the P.M.G's room ever the advance payment of pay for the month of September, 1949. (11) Shri Krishna Gopal Basu is an active member and a capable organiser of the C.P.I, working on its postal front and indulges in activity to prove his disloyalty to the State. (12) Shri Krishna Gopal Basu had been advocating violence and lawlessness and inciting loyal P. & T. employees to resort to indiscipline.
(3.) After having summarised the contents of his report made by the D.I.G., I.B., the charge-sheet then proceeds to formulate the charges. There are four charges. The first is for commission of a serious breach of discipline, of which six instances have been given. The second is for having violated Rule 20 of the Government Servants' Conduct Rules, of which four instances have been set out. The third charge is for having violated Rule 23 of the Government Servants' Conduct Rules for attending a meeting at Hazra Park on the 2nd of August, 1949 held under the auspices of the C.P.I. controlled by B.P.T.U.C, and having been a member and a capable organiser of the C.P.I, on the postal front. The fourth charge is for having incited the loyal P. & T. employees to resort to indiscipline, violence and lawlessness.;