O K GHOSH Vs. E X JOSEPH

JUDGEMENT

(1.) The respondent E. X. Joseph is in the service of the Government of India in the Audit and Accounts Department at Bombay. He was the Secretary of the Civil Accounts Association which consists of non-gazetted staff of the Accountant-General's Office. The said Association was affiliated to the All India Non-Gazetted Audit and Accounts Association. The latter Association had been recognised by Government of India in December, 1956. In May, 1959, the Government withdrew recognition of the said Association. In spite of the withdrawal of the recognition of the said Association, the respondent continued to be its Secretary-General and refused to dissociate himself from the activities of the said Association, though called upon to do so. As a result of his activities, on or about 3-6-1960, he was served with a charge-sheet for having deliberately committed breach of R. 4-B of the Central Civil Services (Conduct) Rules (1955) (hereinafter called the Rules). Appellant 1 O. K Ghosh accountant General, Maharashtra, who held the enquiry, found the respondent guilty of the charges levelled against him. Accordingly, a notice to show cause why he should not be removed from service was served on the respondent.

(2.) On 25-7-1960, appellant 1 served a memo on the respondent intimating to him that it was proposed to hold an enquiry against him for having deliberately contravened the provision of R. 4-A of the Rules in so far as he participated actively in various demonstrations organised in connection with the strike of Central Government employees and had taken active part in the preparations made for the said strike.

(3.) On 8-8-l960. the respondent filed a writ petition on the original side of the Bombay High Court under Art. 226 of the Constitution and prayed that a writ of certiorari should be issued to quash the charge-sheets issued against him by appellant 1 in respect of the alieged contravention of Rr. 4-B and 4-A and a writ of prohibition should be issued prohibiting appellant 1 from' proceeding further with the departmental proceedings against the respondent. In his petition, the respondent asked for other incidental reliefs.