AGARWALA, J.:- This is a special appeal against a decision of a learned single Judge of this Court dismissing a petition under Art.226 of the Constitution. The facts, briefly stated, are as follows:-

2. The appellants are employed as Storemen in the Defence Department, Union of India, and were working at the Central Ordnance Depot, Chheoki, Allahabad. There was a report about the theft of certain articles and a police enquiry was at first held and later on the matter was referred to what is called a "court of enquiry" which held the preliminary enquiry and came to the conclusion that the appellants were responsible for the thefts and they were suspended with effect from 15-9-1952 and they are still under suspension.

The petition under Art.226, as originally presented on 27-8-1953, merely stated the facts, as they existed on that date and the prayer made was that tile opposite party, which was the Ministry of Defence, Union of India, be commanded to withdraw the order of suspension passed on 15-9-1952 against the appellants and restore them to their posts. Later on, the petition was amended. Nine other persons, including those who were members of the "court of enquiry" were