( 1 ) HEARD the learned advocates. With the consent of the learned advocates, the petition is heard and finally disposed of.

( 2 ) THE petitioner before this Court is the Chief Administrative Officer in the Institute of Plasma Research, the respondent no. 1 herein [hereinafter referred to as `the Institute]. The respondent no. 2 is the Chairman of the Governing Council of the Institute and the respondent no. 3 is the Director in the Institute. The petitioner challenges the validity of the Order dated 31st August, 1999 made by the Director whereby the petitioner has been placed under suspension.

( 3 ) IT is contended that the petitioner is the Chief Administrative Officer in the Institute and the Governing Council of the Institute is the appointing authority. The management and the administration of the Institute is governed by the Bye-laws made in that behalf. The said Bye-laws do not confer power upon the Institute or any of its officers to suspend any of its employees; except otherwise by way of punishment i. e. , the Institute has no power to suspend its employee pending disciplinary action, much less when such an action is contemplated. Even if it is assumed tha