( 1 ) BY this petition under Article 226 of the Constitution of India, the applicant Abid mohammad Khan seeks a writ to quash an order dated 3rd January 1956, for the former Madhya Bharat Government placing him under suspension with effect from 31st January 1954 and a direction to restrain the Government from enforcing it.

( 2 ) THE petitioner was a Sub-Inspector in the Customs and Excise Department of the former State of Madhya Bharat. By an order dated 11th January 1954, he was suspended pending investigation into certain charges against him. In pursuance of the order of suspension, he handed over charge of his office on 31st January 1954. As a result of the enquiry, he was ultimately dismissed from service by an order passed by the Commissioner of Customs and Excise on 7th July 1954. That order of dismissal was quashed on 16th November 1955, by the Madhya bharat High Court in a petition under Article 226 of, the Constitution, Abid mohammad Khan v. State of Madhya Bharat (Civil Misc. Case No. 17 of 1955: (AIR 1956 Madh B 259 (A) ), filed by the applicant, holding that the order of dismissal of the petitioner was illegal and inoperative. Subsequently, on 3rd January 1956