Judgment Nagendra Rai, J. 1. Heard learned counsel for the petitioner and the State. 2. On 6.10.1993 time was granted to the State Counsel to seek instruction and to file counter affidavit by 9.11.1993. Today counsel for the State states that he has not received any instruction in the matter. In that view of the matter, we have no option but dispose of this writ application on the basis of the materials available on the record. 3. The petitioner has filed the present writ application for quashing the part of the order dated 4th September, 1993 contained in letter no 591 (Annexure 6) passed by Commissioner, Tirhut Division Muzaffarpur respondent no. 2 by which he has directed the District Magistrate Sitamarhi to take immediate step for suspension of the arms licence granted to the petitioner under Arms Act as well as for quashing the order dated 6.9.1993 passed by the Superintendent of Police, Sitamarhi (respondent no. 4) by which he has directed the officer-in-charge of Majoraganj Police Station that the fIre arms of those persons who are accused in Majoraganj (Sadar) P.S. Case No. 0045 of 1993 be deposited and steps be taken for, cancellation of their licence. 4. Learned counsel for the petitioner submitted that the licencing authority is the District Magistrate, Patna and the Commissioner, Tirhut Division, Muzaffarpur has no power to issue an order for suspension of the licence of the petitioner. He has also alleged certain mala fide against the Commissioner, Tirhut Division. 5. We are fully satisfied that direction no. 2 in the order dated 4th September, 1993 as contained in annexure 6 to this writ application, is wholly without jurisdiction. Under the provisions of the Arms Act, Commissioner is not the competent authority to cancel or suspend the licence. He has no power to issue direction to the licensing authority (District Magistrate) to suspend the licence. Commissioner of the Division is an appellate authority against the order of the District Magistrate cancelling the licence. In that view of the matter, respondent no. 2 (Commissioner, Tirhut Division) has no jurisdiction to issue a direction to the licensing authority to cancel or suspend the licence. On this ground alone, the direction no. 2 as contained in Annexure 6 directing the District Magistrate, Sitamarhi to suspend the licence of the petitioner is quashed. 6. In that view of the matter, respondent no. 2 (Commissioner, Tirhut Division) has no jurisdiction to issue a direction to the licensing authority to cancel or suspend the licence. On this ground alone, the direction no. 2 as contained in Annexure 6 directing the District Magistrate, Sitamarhi to suspend the licence of the petitioner is quashed. 6. So far as Annexure 7 is concerned, licenced arms can be deposited on the specific direction of the licensing authority under the provisions of the Arms Act. The Superintendent of Police has no authority under the provision of the Arms Act/Rules made thereunder to direct the person concerned to deposit the arms unless the situation is covered by the provisions as contained in Sec. 21 of the Arms Act. The direction to deposit the arms to the accused in general is not permissible in law and accordingly the said direction is also quashed. However, it is observed that it will be open to the licensing authority to take steps for cancellation/suspension of the licence of Arms of the petitioner in accordance with law. 7. Before the parting with this order, we may mention here that any officer, however, high he may be, is governed by the rule of law. He is not a free wheeler in the sense that he can pass any order which he likes even though the order may be contrary to law. From perusal of Annexure 8 of this writ application, which is an order passed in C.W. J.C. no. 7281 of 1993, it appears that this court has expressed a strong displeasure about the conduct of the present Commissioner, Tirhut Division (Mr. Biswas). The impugned order passed by him as contained in Annexure 6 shows that he is in habit of passing arbitrary orders. We hope that in future he will pass order according to law. With the above observation, this application is disposed of. Let a copy of this order be sent to Mr. Biswas, Commissioner, Tirhut Division, Muzaffarpur.