By Court By this application the petitioner has prayed for quashing Annexure 6. dated 16. 1. 1991 the order of suspension and fixing head quarter from Dhanbad to Hazaribagh. The ground of his suspension is that as a Civil Surgeon, Dhanbad he made irregularities in appointment and promotion. 2. It is not in dispute that the petitioner at the relevant time made appointment and promotion in class III and Iv Staff. His case is that be made the appointment or promoted persons not on his own accord but in view of the directions received by him from time to time from the then Chief Minister (Dr. Jagannath Mishra and that Health Minister Shri Raghunath Jha). In support of his assertion the petitioner has annexd annexure 2 series. On 28.1.1991 order was passed for issuance of notice on respondents 2 and 3 by registered post with acknowledgement due to show cause why appropriate final order should not be passed in this case. Order was also passed directing the petitioner to serve copy of that order along with copy of the writ application. An affidavit in support of the same has been filed by the petitioner in spite of the same, as no appearance was made the writ application was admitted for hearing on 18. 2. 1991. Till date no counter affidavit has been filed. 3. Since the respondent have not denied the assertion of the petitioner that he made appointment or he promoted persons in compliance of the order of the then Chief Minister and the Health Minister, must be accepted to be correct. Further, that assertion is proved by Annexure 2 series. From Annexure 2 it appears that the then Chief Minister (Dr. Jagannath Minister) requested the Health Minister (Sri Raghunath Jha) to appoint Amaresh Singh and Sri Raghunath Jha wrote to the petition to issue order of appointment. The petitioner in his office order dated 20th July, 1991, notice the direction give by the Health minister appointed Amaresh Singh as class III employee. On Sanjay Ram was directed to be appointed in Class Iv by Sri Raghunath Jha, Cases of Satyendra Prasad Singh and Vijay Kumar Singh were recommended by M.L.A. Shri Dharampal Singh and Sri Raghunnath Jha directed the petitioner to appoint them in Class III. On Sanjay Ram was directed to be appointed in Class Iv by Sri Raghunath Jha, Cases of Satyendra Prasad Singh and Vijay Kumar Singh were recommended by M.L.A. Shri Dharampal Singh and Sri Raghunnath Jha directed the petitioner to appoint them in Class III. Direction was also given with regard to Rameshwar Singh, Rohi Pandit, Sanjay Kumar Sharma, Hemant Kumar, Umesh Panday, Syed Safi Ahmed, Raja Nand Mishra, Srikant Mishra and others. 4. When a person is in service, particularly in Bihar, it is difficult, if not impossible, for him not to comply with the order of a Minister or Chief Minister although they have no-jurisdiction to give any direction to appoint a person of his choice, If a post is vacant it is to be fulfilled in accordance with law. Nothing has been brought on the records by the respondents to show that the posts were available against which such mass scale appointments could have been ordered. If any body were at fault it were the Chief Minister and the Health Minister. 5. We, therefore, allow this application and quash Annexure 6 with a direction to the respondents to give all consequential reliefs without delay to the petitioner, The petitioner shall be entitled to a cost of Rs, 550/- from the State. Application allowed.