Judgment

WANCHOO, J. : This is a petition under Art. 32 of the Constitution. The petitioner was appointed as a Telegraphist by Post Master General Nagpur in 1949. In July 1960, he was serving as an officiating Teleprinter Supervisor at Jaipur. The employees of the Posts and Telegraphs Department (hereinafter referred to as the Department) went on strike from the midnight of July 11, 1960 throughout India and there was a similar strike at Jaipur. The petitioner was on duty on that day from 12 noon to 8 p.m. He says that after his duty was over, he did not go home but went to the dormitory where he fell asleep as he was tired. At about 11-30 p.m. he woke up on hearing some noise and discovered that it was very late and then he wanted to go home. But as he came out, he was arrested by the police on the ground that he was also one of the demonstrators, who were demonstrating outside in connection with the strike. The arrest was made under the Essential Services . Maintenance Ordinance No. 1 of 1960, (hereinafter referred to as the Ordinance). On July 13, the petitioner was suspended on the ground that a criminal charge was pending against him in a criminal court. However, the criminal c