Judgment Udai Sinha and S. C. Mookherji, JJ. 1. The petitioner is a Block Supply officer and was posted at the relevant time at Raghunathpur Block in the district of Siwan. By order dated 18-4-1989 District Magistrate, siwan suspended him in anticipation of the Commissioner approval of suspension. The petitioner has challenged his suspension. 2. Learned Government Pleader No.6 concedes that the petitioner being a Gazetted Officer, the District Magistrate or the Commissioner had no jurisdiction to suspend him. It is, however, contended on behalf of the State that one does not know whether the State Government has approved the suspension or not and, therefore, no final order quashing it be passed. On 28-7-1989, we had adjourned the matter for the State Counsel to seek instruction in the mater. No instruction has been sent to learned Government Pleader No.6 uptill now. In that situation, we do not consider it appropriate to keep the matter pending. We, therefore, dispose of this application finally in the following terms : 3. The suspension of the petitioner is hereby quashed. If, however, the state Government has already taken a decision to approve his suspension this order passed by us quashing the suspension shall be non est. The order of the state Government approving the suspension shall remain operative. We only wish to make it clear that it is always open to the State Government to suspend an officer in accordance with law. This Court does not stand in the way of suspension of the petitioner, if the State Government so desires. 4. It has been urged on behalf of the petitioner that the District magistrate has no jurisdiction to initiate departmental proceeding aginst the petitioner. Annexure-8 to the supplementary affidavit is the list of allegations against the petitioner. 5. It is true that the District Magistrate is not competent to initiate a disciplinary proceeding against the petitioner but he is certainly justified in embarking upon a fact on finding enquiry so that matters may be brought to the notice of the State Government for taking appropriate action against the petitioner. Annexure-2 to this application on which reliance has been placed by the petitioner, itself indicates that a Collector should call for explanation from a delinquent Officer and forward it to the State Government for appropriate action. Annexure-8 therefore, cannot be quashed. Annexure-2 to this application on which reliance has been placed by the petitioner, itself indicates that a Collector should call for explanation from a delinquent Officer and forward it to the State Government for appropriate action. Annexure-8 therefore, cannot be quashed. If the petitioner ignores the notice calling upon the petitioner to show cause in terms of Annexure-8, he will do so at his own risk. 6. With the above observation, this application is disposed of accordingly. Application decided accordingly.