Ramakrishnan, J. —

This appeal is filed by the General Manager, Southern Railway, Madras, from the order of Veeraswami, J. in W.P. No. 1032 of 1959, a petition filed under Article 226 of the Constitution of India, for the issue of a writ of certiorari quashing the order of the General Manager, Southern Railway, Madras, terminating the services of the respondent in this appeal, J. B. Purushotham. The prior facts which arc necessary for a consideration of the appeal are briefly the following. The respondent entered the railway service on 1st of February, 1935, and was promoted as driver in 1945, and confirmed in that post in October, 1946. Since it was believed that he had engaged himself in subversive activities, he was arrested by the Police on 1st April, 1948 and remained under detention till 26th February, 1951, during which period he was also placed under suspension. Apparently the period of detention came to an end on 26th February, 1951. On 2nd April, 1951, he applied to the General Manager to be posted back to duty. The General Manager consulted the Police about his activities, and, on receiving an adverse report, he issued to the respondent on 16th October, 1951, a no