Judgment B. P. Singh, J. 1. Heard counsel for the parties. 2. The petitioner has impugned the order of suspension, Annexure 4, whereby the petitioner has been placed under suspension for disobedience of the directions contained in the letter of the department being No.468 dated 1,8-5-1993 and letter No.885, dated 5-8-1993 whereby he was directed to handover charge as Special officer of the Municipality, Jehanabad and to report compliance. The petitioner contends that the order of suspension is wholly arbitrary and for no fault of the petitioner. It appears from Annexure 1 that by an order issued in the name of Governor of Bihar, the petitioner was appointed by the Governor to the post of Special Officer. Jehanabad municipality, in addition to his duties as Assistant Engineer, Wafer Ways division, Jehanabad. The appointment was till further orders. It is not disputed that this order was passed in the name of the Governor and, therefore, must be considered to be an order passed by the Government of bihar. 3. From Annexure 2 it is apparent that the Additional Secretary in the water Resources Department wrote to the District Magistrate, Jehanabad, directing the District Magistrate to relieve the petitioner as Special Officer of the Municipality and to hand over the charge of that office to any executive magistrate. By Annexure 3, dated 14th June, 1993, the District Magistrate wrote to the Secretary, Rural Development Department forwarding the letter received by him from the Addl. Secretary of the Water Resources department in connection with relieving the petitioner as Special Officer of the Municipality He referred to the notification dated 8th June, 1993, issued by order of the Governor of Bihar and requested the Secretary to seek clear decision at the State level and to issue clear direction in this regard. It appears from Annexure c that by letter dated 2nd April.1993, he had addressed a similar letter to the Addl. Secretary, Water Resources Department seeking clear orders on the subject Annexure d is a letter addressed by the addl. Secretary to the District Magistrate, Jehanabad, directing him to relieve the petitioner of his responsibilities as Special Officer and to hand over charge of that office to any other executive Magistrate Annexure e is again a letter addressed to the District Magistrate to the same effect. These two letters Annexures d and e are dated 18-5-1993 and 5-8-1993. Secretary to the District Magistrate, Jehanabad, directing him to relieve the petitioner of his responsibilities as Special Officer and to hand over charge of that office to any other executive Magistrate Annexure e is again a letter addressed to the District Magistrate to the same effect. These two letters Annexures d and e are dated 18-5-1993 and 5-8-1993. The impugned order has been passed thereafter. 4. It is submitted on behalf of the petitioner that by an order of the governor he was appointed to the post of Special Officer, Jehanabad Municipality till further orders. Accordingly, he had joined as Special officer of jehanabad Municipality. The order issued in the name of the Governor was at no stage withdrawn. In any event he had only to hand over charge, but in the absence of any modification or withdrawal of the order issued in the name of the Governor, the District Magistrate found it difficult to relieve, him, since that would have been contrary to the order issued by the Governor, vide notification Annexure 1. He submits that in these circumstances it can not be said that the petitioner had disobeyed any orders of the Government. In view of the fact that there was an order of the Overnor on the one hand and there was an order of the Additional Secretary on the other, he was placed in a predicament and did not know which order to follow. Since be was not relieved by the District Magistrate, he could not hand over charge as Special Officer of Jehanabad Municipality. He, therefore, submitts that the order of suspension in such circumstances is wholly unjustified and arbitrary. 5. Learned Govt. Advocate appearing on behalf of the State submitted that the notification issued in the name of the Governor Annexure 1, is arbitrary illegal and without jurisdiction, and ultra vires He submitted that since the petitioner was employed in the Department of Water Resources, he could not be deputed to work against a post in the Department of Rural development. In any event no order couid be passed deputing him to work against the post without the consent of ths Rural Development Department. He, therefore submitted that the notification, Annexure 1 issued in the name of the Governor was illegal and arbitrary and the petitioner as well as the department could have ignored the same. We are, in deed, surprised that the Govt. He, therefore submitted that the notification, Annexure 1 issued in the name of the Governor was illegal and arbitrary and the petitioner as well as the department could have ignored the same. We are, in deed, surprised that the Govt. Advocate has chosen a line of argument which is completely destructive of any discipline in the Govt. departments. Under the Constitution that head of the State is the Governor. No departmental head, such as the secretary, can claim an authority superior to the Governor, nor can he claim an authority superior to the State Government. The Secretaries of the department and their subordinates are subordinates to the State Government and to the Governor. It, therefore, does not lie in the mouth of any Secretary of the department to characterise a notification issued in the name of the governor as arbitrary, ultra vires illegal and without jurisdiction. These are harsh terms to be used against the Governor and the notification issued by the Govt. by order of the Governor. We have no doubt that the notification issued in the name of the Governor should prevail over any other order that any subordinate officer of the Government may pass contrary thereto. 6. It is not the case of the Respondents that the notification, Annexure 1 was either recalled or modified. What was sought to be argued was that the notification issued by order of the Governor, Annexure-1 should have been disregarded by the petitioner in view of the letters written to the District magistrate, with a copy to the petitioner, by the Addl. Secretary in the department of water Resources. In our view, if there is inconsistency between a notification issued in the name of the Govenor i. e. by the State govt. and an order passed by any Secretary of the department, the former must prevail and it must be held that an officer of the Government has no right to defy the order of the Government itself, that would amount to an act of insubordination. That is precisely why the District Magistrate wanted the Secretary of the Department to clarify the matter. In view of the Govt. Notification Annexure 1, he wanted the Secretary to issue clear orders after seeking a decision at the State Govt. level. We must say that the approach of the District Magistrate was full justified in the circumstances. 7. That is precisely why the District Magistrate wanted the Secretary of the Department to clarify the matter. In view of the Govt. Notification Annexure 1, he wanted the Secretary to issue clear orders after seeking a decision at the State Govt. level. We must say that the approach of the District Magistrate was full justified in the circumstances. 7. The submission urged on behalf of the Govt. Advocate itself admits the position that there were contrary orders issued by the Government on the one hand and by its Additional secretary on the other, and that is why it became necessary for him to characterise the Governments notification issued by order of the Governor, as illegal, and he wanted this court to hold that in view of the letter written by the Additional Secretary, the petitioner was bound to ignore the notification issued under the orders of the Governor whereby the Govenor was pleased to appoint the petitioner as Special Officer of the Jehanabad Municipality till further orders. We have no doubt, as we have held earlier, that Annexure 1, a decision of the Govt. expressed in the name of the Governor, must prevail over any order passed by any secretary or even the chief secretary of the Government of Bihar. It is a different matter, if the State Government itself modifies the decision and such decision is communicated by any secretary of the Department. In the instant case the Govt. Advocate does not contend that the notification Annexure-1 was ever modified or rcalled by the Government. 8. It was then submitted that the notification Annexure i was illegal because the petitioner could not be deputed to a post out side his cadre and in any event such a deputation could not be ordered without consulting the department concerned. We are surprised that this argument is urged by the govt. Advocate. We can appreciate that the illegality in an order of deputation may be high lighted by a person aggrieved by that order. If the petitioner was aggrieved by bis deputation to any department, he could have challenged the notification, Annexure 1, issued in the name of the Governor bihar. It is, in deed, surprising that counsel for me State has challenged the legality and validity of the notification issued in the name of the Governor of Bihar, when the party affected thereby has not raised any object. It is, in deed, surprising that counsel for me State has challenged the legality and validity of the notification issued in the name of the Governor of Bihar, when the party affected thereby has not raised any object. This reflects a sorry state of affairs, and the Govt. will be well advised to assert its rights in such matters We, therefore, are of the view that even if it is assumed that there was any illegality in the notification Annexure 1 issued by the order of the Governor, the party affected thereby could have challenged its legality and validity, but the same could not be challenged by any department of the Government If the officer concerned was not aggrieved and he acted pursuant to the notification, his consent was implied. If the department concerned had any objection, the proper course for the department to follow was to move the Government for modification or recall of the notification, Annexure 1 The Additional Secretary was not justified in issuing any direction contrary to the notification, Annexure 1. The government Advocate then submitted that since the petitioner had disobeyed the order of the Government he had exposed himself to disciplinary proceding including an order of suspension. The petitioner on the other hand contends that he was not relieved by the District Magistrate in absence of any other order issued by the State Govt , either modifying of recalling the notification, Annexure 1, and, therefore, he is not to blame. 9. Having regard to the facts of the case it appears to us that in view of Annexure 1, which has not been recalled or modified, the petitioner was duly appointed by the Governor of Bihar to perform the duties of Special Officer, Jehananbad Municipality. In view of the orders passed by the Addl. Secretary Directing the District Magistrate, Jehanabed as well as the petitioner to had over charge of that office, a situation was created which put the petitioner in a predicament. The department, it appears, has over reacted the situation by suspending the petitioner for no fault of his, we are told that till to-day Annexure 1, the notification issued in the name of the Governor stands, and has not been recalled. In the circumstances there appears to be no justification whatsover for suspension of the petitioner, and the impugned order. The department, it appears, has over reacted the situation by suspending the petitioner for no fault of his, we are told that till to-day Annexure 1, the notification issued in the name of the Governor stands, and has not been recalled. In the circumstances there appears to be no justification whatsover for suspension of the petitioner, and the impugned order. Annexure 4, appears to be tainted with Malafied in the law, if not, in fact. We, therefore, quash Annexure 4 and allow this writ application to that extent. Writ Application Allowed.