DIRECTOR OF EDUCATION Vs. RAWAT PRAKASH PANDEY

JUDGEMENT

(1.) THE respondent, Rawat Prakash Pandey, was appointed as a tem porary 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 as sign reasons for terminating his service. It is perfectly innocuous. But the respon dent claims that its innocent appearance cannot pass muster of Article 19 (1) (c) of the Constitution. We accept this claim.

(3.) WE gave an opportunity to the Standing Counsel to satisfy us by a sup plementary affidavit whether the impugn ed order was made for reasons other than the appellant's membership or his parti cipation in the activities of the Rashtriya Swayam Sewak Sangh. But the State has not filed any affidavit till today. We are satisfied that the impugned order was passed on account of the appellant's membership or his alleged participation in the activities of the Rashtriya Swayam j Sewak Sangh or .both.