SONI, J. ( 1 ) RULE. Miss Gajjar, learned A. G. P. , waives service of rule for the respondents. With the consent of learned Advocates, the matter is heard finally. ( 2 ) IN view of the successful trap in a criminal case filed before A. C. B. , being a. C. B. Police Station Crime Register No. 11 of 1993, petitioner came to be suspended by an order dated 6-11-1993. Said order of suspension is under challenge in this petition on the ground that provisions of Rule 156 (c) of B. C. S. R. s are not followed in the instant case and the order of suspension is bad and liable to be quashed. ( 3 ) MR. Supehia, learned Advocate appearing for the petitioner, contended before this Court that the petitioner is a non-gazetted Government servant and he cannot be placed under suspension without the prior permission of the Secretary of the concerned Administrative Department. In the instant case, respondents have not obtained necessary approval prior to the passing of the order of suspension and, therefore, the order of suspension is bad and is liable to be quashed. ( 4 ) MISS Gajjar, learned A. G. P. , appearing for the respondents, contended that the Government in the General Administration Department has issued a circular being No. GDR-1086-EO-84-KH-Enquiry Unit, Sachivalaya, Gandhinagar dated 20-6-1988, whereby it is made clear that in case of non-gazetted employees, the competent authority can pass an order of suspension without prior approval of the secretary concerned. However, immediately after the order of suspension, he is required to inform the same to the Secretary of the concerned Administrative department. He shall also have to state the reasons for placing the Government servant under suspension. He shall also be required to establish that the order of suspension is passed in consonance and compliance with the circular dated 18-11-1986. In view of this fact, it is further stated that the comeptent authority has informed the Secretary concerned by its letter dated 10-11-1993 and the circular does not contemplate for any time-limit to decide the same by the Secretary. However, the ciruclar provides that every order of suspension should be reviewed every month. Miss Gajjar, therefore, contended that provisions of Rule 156 of b. C. S. R. s are complied with in view of this circular. However, the ciruclar provides that every order of suspension should be reviewed every month. Miss Gajjar, therefore, contended that provisions of Rule 156 of b. C. S. R. s are complied with in view of this circular. ( 5 ) RULE 156 of B. C. S. R. s is a statutory Rule framed by the Governemnt of gujarat under Art. 309 of the Constitution of India. A circular of the Government cannot override or nullify the effect of or substitute the statutory Rule. Thus, simply because the Government has issued a circular that Rule can be overcome by intimation to the concerned Secretary after the order of suspension, does not cure the defect caused by non-compliance of Rule 156. It is an undisputed position that there is no compliance of Rule 156 in the instant case. As the circular cannot override the statutory Rule, the contention raised by Miss Gajjar is devoid of any merit and is liable to be rejected. ( 6 ) IN view of the above fact, when the order of suspension is passed in contravention of Rule 156 (c) of B. C. S. Rs. , the order of suspension is liable to be quashed and set aside. ( 7 ) IN the result, the petition is allowed. The suspension order dated 6-11-1993 is quashed and set aside. Rule made absolute. There will be no order as to costs. ( 8 ) IT is made clear that it will be open to the Government to pass necessary orders in compliance with the provisions of law, if they deem fit and think it necessary to do so. .