J. SAHAI, J.

( 1 ) THE petitioner was in permanent government service and was working as court clerk of the bench of Magistrates at Rajepur in the district of Farrukhabad. On 5-3-1952 he received an order from the officer in charge, collectorate, Far-rukhabad, asking him to submit his explanation about the report of the petitioners attendance in the rally of Rashtriya Swayam Sevak Sangh volunteers held on 17-2-1952. The petitioner filed an explanation on 6-3-1952. This explanation bears an endorsement by one of the Bench Magistrates which is as follows :

"submitted to officer in charge with remark that he was on head quarters on 17-2-1952. " on 13-5-1952 a charge sheet was served on the petitioner. He was suspended the same day. The charge is as follows :

"whereas while you Ramesh Chandra Shukla were, working as court clerk to the Bench magistrate, Rajepur, and took part in certain political activities which is a contravention of the government Servants Conduct Rules, the following charges are hereby framed against you :-- 1. That you participated in a rally of R. S. S. Sangh volunteers held on 17-2-52 at Palra Park, farrukhabad and thereby associated yourself with the political part