Judgment B. P. Singh, J. 1. Heard counsel for the Parties. 2. The petitioner is aggrieved by the order of suspension annexure-3 annexed to the writ petition which was passed on 10th of August 1994, by the additional Secretary, respondent No.3. It is not in dispute that the petitioner was appointed the Chiarman of the Bihar Sanskrit Sikchha Board for a period of three years under Sec.8 of the Bihar Sanskrit Sikchha board Act 1981. He joined his post on 6 9-1991. The petitioner is otherwise employed as a reader for the Post Graduate Department of Sanskrit in the bhbgalpur University and is therefore an employee of the Bhagalput University. He held the post of Chairman of the Board on deputation By the impugned order dated 10-8-1994 the petitioner was sought to be placed under suspension as the Sate Government was of the opinion that the petitioner was prima facie guilty of financial irregularities and mismanagement of the examination held by the Board. 3. It is also not in dispute that the period of deputation of the petitioner expired in Sept.1994 and with effect from 5th September, 1994 the petitioner has joined as a regder in the Bhagalpur Univereity post held by him substantively 4. Counsel for the petitioner submits that there is no provision in the bihar Sanskrit Sikchha Board Act 1981 to place the Chairman under suspension. He relies upon the provision of Sec.9 of the Act and submits that though in the given circumstance a Chairman can be removed from the office. There is no provision for his suspension. 5. Counsel for the State on the other hand submits that since the petitioner has now joined the Bhagalpur University the impugned order annexure-3 has become infructuous. 6. The petitioner was working on deputation since he was appointed. Chairman of the Bihar Sanskrit Sikchha Board. There is no provision in the act which provides for suspension of the Chairman though there is an express provision namely Sec.9 which provides for the removal of the Chairman from the office. Obviously, therefore, the order of suspension passed is without jurisdiction. In any event since the petitioner has joined his permanent post with effect from 5th Sept.1994, the order annexure-3 can have no operation.
Obviously, therefore, the order of suspension passed is without jurisdiction. In any event since the petitioner has joined his permanent post with effect from 5th Sept.1994, the order annexure-3 can have no operation. There is no valid order passed by any authority suspending the petitioner as reader of the University and therefore there is no reason why he should not be paid his salary and other allowances to which he is entitled. 7. In these circumstances, we quash the order annexure-3 and directed the respondents to act in accordance with the law and pay to the petitioner his salary and allowances which was otherwise payable to him in accordance with the rules. This application is allowed to the extent indicated above. Petition allowed. Q