1. The subject-matter of challenge in this writ petition is the order of suspension dated 22-1-1997 passed by the Governor of Bihar in exercise of power conferred by Clause (2) of Art. 317 of the Constitution of India.

2. The admitted facts of the case which are necessary for disposal of this writ petition are stated below :-

3. The petitioner was appointed on 22-1-1991 to the post of Chairman of Bihar Public Service Commissison (hereinafter referred to as the said Commission) by the Governor of Bihar in exercise of power conferred under Art. 316 of the Constitution of India. The petitioner has asserted that he joined on 31-1-1991. It is not in dispute that the tenure of the petitioners is for six years and such appointment continued till 22-1-1997.

4. The petitioners grievances are that an order of suspension dated 22-1-1997 was passed by the Governor of Bihar in exercise of power under Art. 317(2) of the Constitution of India, and according to the petitioners assertion the same was served upon the petitioner on 23-1-1997 after the petitioners tenure has come to an end. The petitioner has asserted in the writ petition that the condition precedent to the passing of an order