( 1 ) THE facts in this case are briefly as follows: The petitioner Hemanta Kumar Bhattacharjee, was employed in the Postal Department as Sub-Post Master of the Mission Row-Post Office. On 2-9-1950, he was arrested on a charge under Sections 261, 262 and 409 I. P. C. . read with Section 5 (2) of the Prevention of Corruption Act. On 5-9-1950, he was suspended, with effect from 2-9-1950. He was sent up tor trial before the Chief Presidency Magistrate, Calcutta who discharged him on 13-10-1950. On 16-1-1951 he was resummoned on the identical charges by the Chief Presidency Magistrate. By a notification of the West Bengal Government dated 1-2-1951, the case of the petitioner was allotted to the Court of a Special Judge, Mr. S. C. Dutta Gupta under West Bengal Act XXI of 1949. The petitioner thereupon moved the High Court in Criminal Misc. Revn. no. 283 of 1951 and on 4-4-1952, a special bench of this Court, quashed the proceedings in the Court of the Special Judge, being of the opinion that Section 4 (1) of West Bengal Act XXI of 1949, was ultra vires the Constitution, and directed that the accused was to be held as an under-trial prisoner. Next, the petitioner moved this Co