( 1 ) THIS is an application under Article 226 of the Constitution for an appropriate writ directing the respondents to forbear from giving effect to an order of suspension dated 5-9-1950, and also for cancellation of the order.

( 2 ) THE petitioner was a Sub-postmaster at Mission Row Post Office, Calcutta. On 2/9/1950, the petitioner along with some other clerks were arrested by the police in connection with an offence of using of used-up postage stamps while on duty at the said Post Office. On the same date the petitioner was relieved of his duties under an order of the Superintendent of Post Offices, South Calcutta Division, who is respondent 1 in this application. By a letter dated 5/9/1950, the petitioner was placed under suspension with effect from the afternoon of 2/9/1950, as he was arrested on charges under Sections 261, 262 and 420, I. P. C. , Section 5 (2) of Act 2 of 1947, and for conspiracy under Section 120, I. P. C. This order of suspension as contained in this letter was served on the petitioner on 7/9/50.

( 3 ) THE petitioner was thereafter sent up for trial on these charges before the Chief Presidency Magistrate, Calcutta. On 5/9/1950, the petitioner w