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1967 Supreme(Mad) 84

P.RAMAKRISHNAN
P. N. Rangaswamy – Appellant
Versus
The Commissioner, Coimbatore Municipality, Coimbatore – Respondent


Advocates:
K. V. Sankaran, for Petitioner.
The Government Pleader and K. Alagiriswami, for Respondents.

Order.-

These two writ petitions are connected. The petitioner in both of them is one P. N. Rangaswamy who at the time we are concerned with, was employed as a permanent Mathematics Assistant in the service of the Coimbatore Municipality. The terms of his service were governed by the statutory rules issued under the District Municipalities Act. Rule 14 of the Personal Conduct of Officers and Servants of Municipal Councils Rules states:

“14. Taking part in politics:-Subject to any general or special order of the Government, no officer or servant of a municipal council shall take part in subscribe in aid of, or assist in any way, any political movement in India, or relating to Indian affairs. When there is room for doubt whether any action which an officer or servant proposes to take will contravene this rule, he should refer the matter to the Government through the Executive Authority.

Note:-Subversive activities or the express or disloyal sentiments by an officer or servant will be regarded as sufficient ground for dispensing with his services.”

From l954, the Municipality represented by the respondent, the Commissioner, began to take action against the ptitioner on the allegation tha











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