( 1 ) THE only question debated in this appeal is whether the Central Government has power to suspend one of its employees, belonging to a subordinate service, with effect from a prior date. By the judgment appealed from, Bose, J. answered that question in the affirmative.

( 2 ) THE facts are as follows: The Appallant Hemanta Kumar Bhattacharjee is an employee in the Posts and Telegraphs Department of the Government of India. In September, 1950, he was holding the post of Sub-Post-Master of the Mission Row Post Office, situated at p-13, Mission Bow in the town of Calcutta. On 2-9-1950, he was arrested on, charges under Sections 261, 262, 263 and 409, Penal Code and Section 5 (2), Prevention of Corruption Act, as also a general charge of conspiracy under Section 120b, Penal Code, read, with the provisions under which the specific charges were laid. Following his arrest, he was placed under suspension by a letter, dated 5-9-1950, with effect from the 2nd September preceding when he had been arrested. The criminal proceeding started against him went on for some time, but he was ultimately discharged by an order of the Chief Presidency Magistrate, passed on 13-10-