Appeal No 1206 of 1966
Appeal from the judgment and order dated January 14 1963 of the Punjab High Court in Letters Patent Appeal No 36 D of 1962
G R Rajagopaul A section Nanbiar and section P Nayar for the appellants
R K Garg and section C Agarwal for the respondent
550 The respondent was holding a permanent post in the Northern Railway
He was a Trade Union worker
On November 7 1956 a charge sheet was served on him levelling two charges against him
Under the first charge he was accused of having been instrumental in compelling the air compressor being shut down at about 815 am on May 31 1956
Under the second charge he was accused of having contravened the direction given by the General Manager Northern Railway as per his letter No 961EOEvi dated June 19 1956 by addressing meetings with in the railway premises on June 23 1956 June 25 1956 July 24 1956 July 25 1956 and July 27 1956
On these charges he was called upon to show cause why he should not be removed from service under Rule 1708 of the Indian Railway Establishment Code Vol 1 or punished with any lesser penalties specified in Rule 1702
After receiving his explanation an enquiry committee consisting of three officers was appointed to enquire into the charges
The said committee came to the conclusion that the first charge was not proved beyond all reasonable doubt but he was guilty of the secondcharge
The Disciplinary Authority ie the General Manager remitted the case back to the enquiry committee for submitting a fresh report after examining the witnesses mentioned in his order
Even after examining those witnesses the enquiry committee adhered to its earlier conclusions
After examining the reports of the enquiry committee the General Manager as per his order of May 25 1957 accepted its finding on the second charge but differing from its conclusion on the first charge tentatively came to the conclusion that the respondent was guilty of that charge as well
As a result thereof he ordered the issue of a notice to the respondent to show cause why he should not be removed from service
The respondent submitted his exPlanation to the show cause notice
The General Manager did not accept his explanation and by his order of August 20 1957 be directed that the respondent be removed from service
The respondent challenged that decision before the High Court of Punjab by means of a writ petition under article 226 of the Constitution
The single judge of the High Court who heard the petition opined that the General Manager was not right in holding on the material on record that the first charge is established and on the second charge he held that the General Manager s direction as per his letter of June 19 1956 is void as being violative of article 191 of the Constitution
On appeal the appellate court upheld the conclusion of the learned single judge on the first charge but it was unable to accept his finding that the order of the General Manager of June 19 1956 was violative of article 191 of the Constitution
AR the same it affirmed the decision of the learned single judge with these observations It is by now a generally recognised principle that where an order such as an order of detention or removal 551 from service is based on a number of grounds and one or more of these grounds disappear it becomes difficult to uphold the order when it is not clear to what extent it was based on the ground found to be bad
 The findings of the learned single judge as well as the judges of the appellate court were challenged before us by the appellant
It was urged on its behalf that the finding of the General Manager on the first charge being a finding of fact the same not having been held either not supported by any evidence
or as perverse it was not open to the High Court to review the evidence afresh and come to a conclusion of its own
It was further urged on its behalf that the opinion of the Appellate Court that if one of the several charges on the basis of which a punishment is imposed is held to be unsustainable the punishment imposed should be set aside as it is not known whether the authority in question would have imposed the impugned punishment without that charge having been established does not represent the correct legal position as expounded by this Court
The learned Counsel for the respondent not only supported the conclusions of the appellate court he also strongly commended for our acceptance the finding of the learned single judge that General Manager s direction contained in his letter of June 19 1956 was violative of article 191 a to c
The questions that arise for decision in this appeal are 1 whether the High Court was within its jurisdiction in the exercise of its powers under article 226 of the Constitution to set aside the conclusion reached by the General Manager on the first charge 2 whether the direction issued by the General Manager on June 19 1956 is violative of article 191 a to c and 3 whether the appellate court was right in its view that if an order of removal is based on number of grounds and one or more of those grounds are found to be unsustainable the order is liable to be struck down
Now coming to the first charge we may first set out the un disputed facts
On May 31 1956 the Union of which the respondent was the Vice President declared a token strike
The strike in question was declared by the respondent and he took a leading part in it
During the time of the strike the compressor was not worked
The enquiry committee came to the conclusion and that conclusion was neither challenged before the High Court nor before this Court that the compressor driver must have started the compressor in the East Compressor House at 8 00 hrs
and there must have been certain circumstances which made the driver to shut it off at 8 15 hrs
The only question for decision is whether the respondent was responsible for shutting it off
Two wit nesses namely Subrati the compressor Driver and Rameshwar his Assistant emphatically stated before the enquiry committee 552 that it was the respondent who led a group of strikers and compelled them to close down the compressor
The enquiry committee felt that their evidence cannot be accepted at its face value as they were not able to name any other person in the group
But the General Manager did not agree with the enquiry on that point
He fully accepted their evidence
It was open to the General Manager to do so
He was not bound by the conclusions reached by the enquiry committee see Union of India vs H C Goel1
This is not a case where it can be said that the finding of the Disciplinary Authority is not supported by any evidence nor can it be said that no reasonable person could have reached such a finding
Hence the conclusion reached by the Disciplinary Authority should prevail and the High Court in the exercise of its Certiorari jurisdiction could not have interfered with its conclusion see Syed Yakoob vs K section Radhakrishnan and Ors2
It was next contended that in arriving at his conclusion on the first charge the General Manager had relied on the hearsay evidence given by De Mellow and hence his conclusion is vitiated
The evidence of the witnesses examined during the enquiry is not before us
Hence it is not possible to accept the contention that De Mellow s evidence was hearsay
In this view it is not necessary to go into the question whether hearsay evidence can be relied ow at all in an enquiry under article 311 and if so within what limits
Some of the inferences drawn by the General Manager were objected to by the learned Counsel for the respondent
They appear to be inferences of fact evidently drawn from the material before him and as such cannot be properly objected to
It Was open to him to draw those inferences
For the reasons mentioned above we hold that the High Court exceeded its powers in interfering with the finding of the General Manager on the first charge
Before we take up for consideration point No 2 formulated above it would be convenient to deal with point No 3
It was not disputed before us that the first charge levelled against the respondent is a serious charge and it would have been appropriate for the General Manager to remove the respondent from service on the basis of his finding on that charge
But we were told that we cannot assume that the General Manager would have inflicted that punishment solely on the basis of that charge and consequently we cannot sustain the punishment imposed if we hold that one of the two charges on the basis of which it was imposed is unsustainable
This contention cannot be accepted in view of the decision of this Court in State of Orissa vs Bidyabhan Mohapatra3 wherein it was held that if the order in an enquiry under article 311 can be supported on any finding as substantial mis 21964 5 SCR 64
1  3 1962 Supp 1 SCR 648
553 demeanour for which the punishment imposed can lawfully be unposed it is not for the Court to consider whether that ground alone would have  weighed with the authority in imposing the punishment in question
Now we come to the second charge
In order to examine the contentions of Mr Garg the learned Counsel for the respondent relatingto that charge it is necessary to set out the circular issued by theGeneral Manager on June 19 1956
That was a circular issuedto all the heads of the departments
It reads  It has been brought to notice that in a number of cases railway employees have held meetings inside railway premises such as inside workshops inside stores depots and within office compounds
It may be pointed out that this practice is extremely objectionable and has to be stopped forthwith
AR staff may be warned that if any one of them is found organising or attending a meeting inside railway premises or at places of work he will render himself liable to severe disciplinary action as such action on his part will amount to misconduct arising out of violation of administrative instructions
Meetings of workers can be held on open grounds away  from places of work with the permission of the railway authorities concerned if such open grounds fall within railway boundary
You are to note these instructions very carefully and to ensure their strict compliance in future
Please acknowledge receipt
 The direction with which we are concerned in this appeal is that which prohibits the holding of meetings within the railway premises including open grounds forming part of those premises
That direction does not deprive
the workers any of the freedoms guaranteed to them under article
191
It merely prohibits them from exercising any of them within the railway premises
What is prohibited is the holding of meetings for any purpose within thethe railway premises
The question is whether such a direction is violative of article 191  In the instant casewe are concerned with the meetings held outside the main time office and it was not denied that that place formed part of the railway premises
It was strenuously urged on behalf of the respondent that the rights guaranteed under article 191 a b and c are inviolable and they cannot be interfered with excepting in accordance with sub articles
2 3 and 4 of the said article According to Mr Garg the railway workers have a right to assemble in any place they choose and give expression to their views so long as they do not disturb the work going on in the premises and that right is guaranteed to them under our Constitution
554 It was not disputed that the Northern Railway is the owner of the premises in question
The fact that the Indian Railways are State Undertakings does not affect their right to enjoy their properties in the same manner as any private individual may do subject only to such restrictions as the law or the usage may place on the
Hence unless it is shown that either under law or because of some usage the railway servants have a right to hold their meetings in railway premises we see no basis for objecting to the direction given by the General Manager
There is no fundamental right for anyone to hold meetings in government premises
If it is otherwise there is bound to be chaos in our offices
The fact that those who work in a public office can go there does not confer on them the right of holding a meeting at that office even if it be the most convenient place to do so
It is true that the freedoms guaranteed under our Constitution are very valuable freedoms and this Court would resist abridging the ambit of those freedoms except to the extent permitted by the Constitution
The fact that the citizens of this country have freedom of speech freedom to assemble peaceably and freedom to form associations or unions does not mean that they can exercise those freedoms in whatever place they please
The exercise of those freedoms will come to an end as soon as the right of some one else to hold his property intervenes
Such a limitation is inherent in the exercise of those rights
The validity of that limitation is not to be judged by the tests prescribed by Sub articles
2 and 3 of article 19
In other words the contents of the freedoms guaranteed under cls
a b and c the only freedoms with which we are concerned in this appealdo not include the right to exercise them in the properties belonging to others
If Mr Garg is right in his contentions then a citizen of this country in the exercise of his right under cls
d and e of article 191 could move about freely in a public office or even reside there unless there exists some law imposing reasonable restrictions on the exercise of those rights
In support of his contention Mr Garg strongly relied on the decisions of the Supreme Court of United States of America in Marsh vs Alabama1 and Tucker vs State of Texas2 Tucker s case was decided on the basis of the rule laid down in Marsh s case
Hence it is not necessary to consider it separately
In Marsh s case the Supreme Court laid down that the constitutional guarantees of freedoms of press and of religion precludes the enforcement against one who undertook to distribute religious literature on a street of a company owned town contrary to the wishes of the town s management of a state statute making it a crime to enter or remain on the premises of another after having been 1 90 Law ed
p 265
2 90 Law ecd
p 274
555 warned not to do so
In order to appreciate this decision it is necessary to bear in mind the facts of the case
The appellant thereinwas a Jehovahs Witness who came into the sidewalk of a privatetown situate near the post office and undertook to distribute religious literature
In the store the corporation had posted a notice which read as follows This Is Private Property and Without Written Permission No Street or House Vendor Agent or Solicitation of Any Kind Will Be Permitted The appellant was warned that she should not distribute the literature without a permit and told that no permit would be issued to her
She protested that the company rule could not be constitutionally applied so as to prohibit her from distributing religious writings When she was asked to leave the sidewalk and Chicka saw she declined
The deputy sheriff arrested her and she was charged in the state court for violating the law
The town in question is described in the judgment thus The town a suburb of Mobile Alabama
known as Chicka saw is owned by the Gulf Ship building Corporation
Except for that it has all the characteristics of any other American town
The property consists of residential buildings streets a system of  sewers a sewage disposal plant and a business block on which business places are situated
A deputy of the Mobile County Sheriff paid by the company serves as the town s policeman
Merchants and service establishments have rented the stores and business places on the business block and the United States uses one of the places as a post office from which six carriers deliver mail to the people of Chickasaw and the adjacent area
The town and the surrounding neighborhood which cannot be distinguished from the gulf property by anyone not familiar with the property lines are thickly settled and according to all indications the residents use the business block as their regular shopping center
To do so they now as they have for many years make use of a company owned paved street and sidewalk located alongside the store fronts in order to enter and leave the stores and the post office
Intersecting company owned roads at each end of the business block lead into a four lane public highway which runs parallel to the business block at a distance of thirty feet
There is nothing to stop highway traffic from coming into the business block and upon arrival a traveller may make free use of the facilities available there
In short the town and its shopping district are accessible to and freely used by the public in general and there is nothing to distinguish 556 them from any other town and shopping centre except the fact that the title to the property belongs to a private corporation
 From the above description it is clear that the roads and sidewalks in that town had been dedicated for public use
It is in that context Justice Black observed The more an owner for his advantage opens up his property for use by the public in general the more do his rights become circumscribed by the statutory and constitutional rights of those who use it The learned Judge further observed  We do not think it makes any significant constitutional difference as to the relationship between the rights of the owner and those of the public that here the State instead of permitting the corporation to operate a highway permitted it to use its property as a  town operate a business block  in the town and a street and sidewalk on that business block
As we have heretofore stated the town of Chickasaw does not function differently from any other town
The business block serves as the community shopping centre and is freely accessible and open to the people in the area and those passing through
The managers appointed by the corporation cannot curtail the liberty of press and religion of these people consistently with the purposes of the constitutional guarantees and a state statute as the one here involved which enforces such action by criminally punishing those who attempt to distribute religious literature clearly violates the First and Fourteenth Amendments to the Constitution
 In our opinion the rule laid down in Marsh s case does not apply to the facts of this case Me premises with which we are concerned in this appeal unlike the roads and sidewalks of Chickasaw town were not open for use of the general public
They were intended for certain specified public purposes
They could not be used for any other purpose except with the permission of the concerned authority
Neither the language of article 191 nor the purpose behind it lend support to the contentions of Mr Garg
On the other hand their acceptance might lead to the confusion in public offices
Hence we are unable to accept them
In the result the appeal is allowed and the writ petition missed but in the circumstances of the case we direct the parties to bear their own costs throughout
PKPS Appeal allowed


Summary:
The respondent was a permanent employee of the Northern Railway and was served with a charge sheet in November 1956 which levelled two charges against him
He was accused of having been instrumental in compelling the shut down of an air compressor and in contravention of a direction given by the General Manager Northern Railway on June 19 1956 of having addressed a number of meetings within the Railway premises
An enquiry committee after investigating the charges came to the  conclusion that the respondent was not proved beyond all reasonable doubt but that the respondent was guilty of the second charge
The General Manager who was the disciplinary authority after examining the report of the committee accepted its findings on the second charge but differing from its conclusion on the first charge tentatively came to the conclusion that the respondent was guilty of that charge as well
After the issue of a show cause notice to the respondent and the rejection of his explanation the General Manager directed by an order of August 20 1957 that the respondent be removed from service
The respondent challenged the order of his removal by a writ petition
The petition was allowed and an appeal to a Division Bench was dismissed
The questions for decision in the appeal to this Court were i whether the High Court was within its jurisdiction in the exercise of its powers under article 226 of the Constitution to set aside the conclusion reached by the General Manager on the first charge ii whether the appellate court was right in its view that if an order of removal is based on number of grounds and one or more of those grounds are found to be unsustainable the order is liable to be struck down and iii whether the direction issued by the General Manager on June 19 1956 was violative of article 191 a to c and 3
It was contended on behalf of the appellant that the rights guaranteed under article 191 a b  c are inviolable and they cannot be interfered with except in accordance with sub articles 2 3  4 of article 19 that the Railway workers had a right to assembly in any place they chose and could express their views so long they did not disturb the work going on in the premises
HELD  Allowing the appeal and dismissing the writ petition  i The High Court exceeded its powers in interfering with the findings of the General Manager on the first charge
It was open to the General Manager to accept the evidence which the Enquiry Committee had rejected on the first charge and he was not bound by the conclusions reached by the corn 549 mittee
On the facts in the present case it could not be said that the finding ofthe disciplinary authority was not supported by any evidence nor could it be said that no reasonable person could have reached such a finding
Hence the conclusion reached by the disciplinary authority must prevail and the High Court in the exercise of its certiorari jurisdiction could not have interfered with its conclusion
552 A C Union of India vs H C Goel   Syed Yakoob vs K section Radhakrishnan  Ors
   relied on
iiThere was no force in the contention that the punishment imposed could not be sustained if it was held that one of the two charges on the basis of which it was imposed was unsustainable
If the order in an enquiry under article 311 can be supported on any finding as substantial misdemeanor for which the punishment imposed can lawfully be impose it is not for the Court to consider whether that ground alone would have weighed with the authority in imposing the punishment in question 552 G State of Orissa vs Bidyabhan Mohapatra 1962 Suppl
1 SCR 648 followed
iiiThe General Manager s direction prohibiting the holding of meetings within the Railway premises was not violative of article 191
The Northern Railway was the owner of the premises in question and was entitled to enjoy its property in the same manner as any private individual subject to only such restriction as the law or the usage may place on them
There is no fundamental right for any one to hold meetings in Government premises
Freedom of speech freedom to assemble peacefully and the freedom to form Associations or Unions does not mean that these rights can be exercised by the citizens in whatever place they please
The exercise of those freedoms will come to an end as soon as the right of some one else to hold his property intervenes
Such a limitation is inherent in the exercise of those rights
The validity of that limitation is not to be judged by the tests prescribed by Sub articles
2 and 3 of article 19
554 D Marsh vs Alabama 90 Law Edn
P 265 Tucker vs State of Texas
90 Law Edn
p 274 distinguished