( 1 ) THIS is an application under Article 226 of the Constitution for a Writ in the nature of Certiorari for quashing an Order of Suspension dated 27th May 1950 passed by the Rent Controller, Calcutta.

( 2 ) ON 22nd January 1945 the petitioner was appointed as Cashier at the Rent Controller's Office, Calcutta.

( 3 ) ON 27th May 1950 the petitioner was suspended by the Rent Controller upon the accusation of the Registrar of the Office of the Rent Controller that the petitioner had defalcated a sum of Rs. 17,649-0-6. A formal complaint was also lodged against the petitioner at the Hare Street Police Station on that very day and the petitioner remained in Police custody till 7th June 1950 when he was released on bail by Order of the Chief Presidency Magistrate, Calcutta.

( 4 ) THEREAFTER the petitioner made representations for payment of his salary to the Rent Controller and it appears that a sum of Rs. 55 per month is being given by way of subsistence allowance from the date of suspension and the petitioner has been paid such allowance up to April 1951.

( 5 ) ON 9th March 1951 a charge has been framed by the Presidency. Magistrate under Section 409, Penal Code for crim