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1971 Supreme(All) 22

S.N.DWIVEDI, H.C.P.TRIPATHI
Director of Education – Appellant
Versus
Rawat Prakash Pandey – Respondent


Advocates:
K.N. Singh, for Appellants; T.N. Sapru, for Respondent.

Judgement

DWIVEDI, J. :- The respondent Rawat Prakash Pandey, was appointed as a temporary Assistant Master in the service of the U. P. Government in 1963. On July 1, 1968 an order terminating his service on one month's notice was served on him. The legitimacy of this order is canvassed before us.

2. The order does not profess to assign reasons for terminating his service. It is perfectly innocuous. But the respondent claims that its innocent appearance cannot pass muster of Article 19 (1) (c) of the Constitution. We accept this claim.

3. Admittedly the respondent's character roll is satisfactory. He has not received any adverse entry. But it is admitted before us that he is a

member of the Rashtriya Swayam Sewak Sangh. It is, however, asserted that he had not been indulging during service "in any activity to which objection could be legitimately taken." In paragraph sixteen of the petition it is said : "The action of the Government in terminating the services of the (appellant) is mala fide in that the ground on which the services of the (appellant) have been terminated, viz., the alleged association of the (appellant) with the Rashtriya Swayam Sewak Sangh is no ground for the termin






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