An order of suspension can be made only pending the result of the enquiries into the alleged misconduct of the employee.

( 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 was produced before the Magistrate with the police report, but he was released on bail, and the case was adjourned till 19/9/1950; but as no report was received from the investigating officer on that date the matter was again adjourned till 13/10/1950. On 13/10/1950, there being no prayer for remand, the petitioner was discharged by the Chief Presidency Magistrate. On the very next day, that is, October 14, 1950, the petitioner made an application for return of a sum of Rs. 1,700. 00 cash and his postal savings bank pass-book which had been seized by the police on the day he was arrested, and the Chief Presidency Magistrate upon considering this application and the investigating officer's report thereon ordered the return of the said cash and the bank pass-book, and also discharged the petitioner from the bond which he had executed with regard to his furniture. But although the petitioner was discharged on 13/10/1950, he was still kept under suspension by virtue of the order which was made on 5/9/1950.

( 4 ) ON or about 16/1/1951, the petitioner was, however, summoned by the Chief Presidency Magistrate on a complaint made by the police under Sections 262, 409, 120b and other sections of the Indian Penal Code. This case was ultimately allotted to the Special Judge's Court by a notification of the West Bengal Government issued on 1/2/1951. Thereupon the petitioner moved this Court challenging the order of allotment as illegal, and it appears that this Court has issued a rule in that application and the said matter is still pending disposal.

( 5 ) THE petitioner challenges the order of suspension as illegal or at any rate as having ceased to be in force after 13/10/1950, when he was discharged by the Chief Presidency Magistrate.

( 6 ) THE only point which has been urged by learned counsel for the petitioner is that the order of suspension dated 5/9/1950, has ceased to be in force after October 13, and the continuance of the petitioner under suspension since that date is illegal.

( 7 ) REGULATION 17 of the General Regulations contained in Posts and Telegraphs Manual, Vol. II, is as follows:"an employee whose conduct is undergoing investigation on a serious charge may be placed under suspension pending the result of enquiries into his alleged misconduct. It is very important that cases of this kind should be promptly disposed of. "regulation 21 provides in Clause (e) thereof:"no one should be suspended unless (i) he wilfully and obstinately refuses to carry out an order, (ii) during the course of an enquiry his retention in his appointment would hamper or frustrate such enquiry, (iii) he is in police custody or undergoing imprisonment, (iv) he is charged with an offence of a nature which, if proved against him, would ordinarily result in his dismissal.