Bose, J. - (1.) This is an application under Article 226 of the Constitution of India for an appropriate writ for directing the opposite parties to forbear from giving effect to an order of suspension passed on 28-9-1950, and also for quashing of certain criminal proceedings pending against the petitioner in the Special Court at Alipore.
(2.) The petitioner is an employee under the East Indian Railway and was at all material times officiating as Chief Inspector, East Indian Railway grain depot Chitpore. The petitioner joined the East Indian Railway Administration on or about 1-10-1927 as an assistant and since his appointment he has been awarded several promotions in service.
(3.) On 18-8-1950, the petitioner was served with a summons dated 1-8-1930, directing the petitioner to appear before the Special Judge of the Special Court at Survey Buildings (Alipore) Calcutta, on 13-9-1950. This summons was issued under Section 68, Criminal P. C. and directed that the attendance of the petitioner was necessary to answer a charge of an offence under Section 420/120B, Penal Code in State v. A.C. Khanna, case No. 33 of 1950 (cal.).;