DUTTA J.-This is a petition under Art 226 of the Constitution of India, and the facts leading to the petition are as follows.

(2) The petitioner was appointed as Superinten­dent of the Assam Government Press at Shillong from 1-4-1931 and he was confirmed in that post with effect from 1st of October 1931. In 1941 he was sent on deputation to the office of the Director General of Munitions Production, Government of India, Calcutta and after he served there for some time, he was transferred to Delhi on promotion to work in the Supply Department of the Government of India. In April 1945 the petitioner was transferred to Kanpur as the Assistant Iron and Steel Controller and pro­moted to the post of Deputy Iron and Steel con­troller, Kanpur Circle on 31-12-1945. The petitioner proceeded on leave for four months with effect from 21-9-1946 and the leave was extended up to the 12th May, 1947. By an order of the Central Government the petitioner was suspended from service with effect from the 13th May, 1947 without assignment of any reason therefore. Thereafter he was arrested in Madras on the 28th October, 1947 on a wan-ant issued by the District Magistrate of Kanpur and was subse­quently released on bail. Then the Government of India accorded sanction for the prosecution of the petitioner on the 31st January, 1949. The police submitted charge-sheet on the 2nd of March, 1949 alleging that the petitioner along with his Assistants had commit­ted various acts of conspiracy and other offences during the period from 1-1-46 to '-20-9-46. The petitioner along with one Vaish, a Clerk in charge of the Licensing Department under the petitioner, was tried by the Additional District & Sessions Judge at Kanpur, who agreeing with the opinion of the assessors and the unanimous verdict of the jury, convicted the petitioner under various sections of the Indian Penal Code and the provisions of the Defence of India Rules read with the provisions of the Iron & Steel Order, 1941 and sentenced him to different terms of imprisonment. The other accused was also similarly convicted and sentenced. Both the petitioner and the other accused filed an appeal before the High Court at Allahabad and the High Court acquitted the petitioner of all the charges except his conviction and sentences passed under Sections 161 and 467, Indian Penal Code, by its judgment dated the 17th March, 1958. Against this judgment upholding the convic­tion under the aforesaid two sections the petitioner filed an appeal before the Supreme Court with a certificate from the High Court, and the Supreme Court by its judgment and order dated the 28th March, 1982 set aside the conviction and sentences passed against the petitioner under both the counts and acquitted him of the said charges. The Supreme Court held that the sanction required by section 6 of the Prevention of Corruption Act for the prosecution of the petitioner under Section 161, Indian Penal Code was invalid. It also held that the finding of the High Court in respect of the charge under Section 467, Indian Penal Code was also erroneous as the essential part of the prosecution story rested on the evidence of the accomplice.

(3) The petitioner was suspended from service by the Central Government on 13-5-47. He was convicted by the trial Court on the 7th May, 1953. The High Court upheld the conviction on the 17th March, 1958 and the final acquittal order of the Supreme Court was passed on 28-3-62. The Government of Assam dismissed the petitioner with effect from the 30th November, 1953 by its order dated 17-3-54. The peti­tioner was normally to retire on superannuation with effect from 30-6-53 but as the trial could not possibly be completed by then the State Government on the request of the Government of India extended the service of the petitioner by issuing a notification dated 23-7-53.

(4) In view of the acquittal of the petitioner by the Supreme Court, the Government of Assam by an order dated the 18th January, 1963 vacated their o

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