Provision ultra virus as violating Article 19(1)(c).

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 that he was taking part in the activities of the Communist party in contravention of the aforesaid rule, and he was actually dismissed from service in 1954 on a charge of contravention of the above rule. He filed Writ Petition No. 605 of 1955 in this Court against the above order. But while that writ petition was pending, the Director of Public Instruction, Madras set aside the earlier order of dismissal, and as a consequence, the writ petition was withdrawn. On 1st May, 1959 a fresh charge was framed against the petitioner, and it is with this charge that we are now concerned, in these writ petitions. This charge stated that P. N. Rangaswamy, Assistant North Coimbatore Municipal High School, took active part in and assisted the political activities of the Communist party during the period from February, 1953 to December, 1955 and thus violated the provision of rule 14 of the Rules relating to the Personal Conduct of Officers and Servants of Municipal Councils. The gist of the allegations in support of the charge was (1) that he attended the Taluk Kisan Conference on 9th February, 1953 at Udumalpet ; (2) that he attended the Provincial Kisan Conference held at Perur near Coimbatore on 10th July, 1954 and 11th July, 1954 ; and (3) that he took part in the conference of the Communist party members held at R. K. Kalyana Mandapam at Coimbatore between 16th and 18th December, 1955. Later on that part of the allegations about his participation in the Taluk Kisan Conference at Udumalapat was not pressed. But at the enquiry following the charge, which was held by the respondent-Commissioner, evidence was recorded of Sub-Inspector Kesavalu in regard to his participation in the Provincial Kisan Conference at Perur on 10th July, 1954 and 11th July, 1954, and of Head Constable Krishnaswami, regarding his participation at the Conference of the Communist party members held between 16th and 18th December at R. K. Kalyana Mantapam in Coimbatore Town. The Commissioner found that the evidence showed that the petitioner had actively participated in the two conferences mentioned above, and that such participation amounted to contravention of rule 14 of the Personal Conduct of Officers, and Servants of Municipal Councils Rules. The Commissioner was of the opinion that there was nothing to show that the petitioner has indulged in subversive activities. Considering these circumstances as well as the position of the petitioner as a senior member of the service, the Commissioner was of the opinion that it would suffice if the punishment of stoppage of increment for two years without cumulative effect was inflicted on him and accordingly he imposed that punishment. The petitioner’s appeal to the Director of Public Instruction was dismissed. He has filed Writ Petition No. 1331 of