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P. BALAKOTAIAH v. THE UNION OF INDIA AND OTHERS(and connected appeals)

Supreme Court of India | Diary 87/1956

Status

Judgment

Decided On

1957-12-03

Bench

DAS SUDHI RANJAN (CJ),AIYYAR T.L. VENKATARAMA,DAS S.K.,SARKAR A.K.,BOSE VIVIAN

Petitioner

P. BALAKOTAIAH

Respondent

THE UNION OF INDIA AND OTHERS(and connected appeals)

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 10

PETITIONER: P. BALAKOTAIAH

Vs.

RESPONDENT: THE UNION OF INDIA AND OTHERS(and connected appeals)

DATE OF JUDGMENT: 03/12/1957

BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA BOSE, VIVIAN DAS, SUDHI RANJAN (CJ) DAS, S.K. SARKAR, A.K.

CITATION: 1958 AIR 232 1958 SCR 1052

ACT: Railway Services-Rules for safeguarding national security-Constitutionality-Employee engaged in subversive activity-Termination of Service-Validity-Railway Services (Safeguarding of National Security) Rules, 1949, R. 3, 7--Constitution of India, Arts. 14,19(1)(c), 311.

HEADNOTE: The Services of the appellants who were Railway servants, were terminated for reasons of national security under S. 3 of the Railway Services (Safeguarding of National Security) Rules, 1949. Notices served on them under that section to show cause charged them as follows:- "Whereas in the opinion of the...... General Manager, you are reasonably suspected to be a member and office secretary of the B. N. Rly., Workers’ Union (Communist sponsored) and were thickly associated with communists such as Om Prakash Mehta, B. N. Mukherjee, R. L. Reddi, etc., in subversive activities in such manner as to raise doubts about your reliability and loyalty to the State in that, though a Government employee, you attended private meetings of the Communists, carried on agitation amongst the Ra...

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