IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.994 of 2009 JAGNARAYAN SINGH Versus THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED & ORS ----------- 2/ 05/05/2009 Heard learned counsel for the petitioner and learned counsel for the corporation. The only challenge in this writ application is to the order dated 31.10.2007 placing the petitioner under suspension afresh in pursuance of the order of this Court dated 7.9.2007 in C.W.J.C. No.11419/04. The petitioner was subjected to departmental proceedings. Orders of punishment were passed. He came to this Court challenging the same in C.W.J.C. No.11419/04. This Court noticed that the order of punishment contained materials extraneous to the departmental proceedings. This Court, therefore, set aside the order of punishment only with liberty to the respondents to proceed afresh. The law stands settled that past conduct could also be taken into consideration for the purposes of punishment, but only if it was a part of the charge-sheet or was one of the grounds mentioned in the second show cause notice on the issue of quantum of punishment. If the respondents have chosen to misread the 2 order of this Court and on that pretext chosen to start fresh departmental proceedings against the petitioner, they cannot be permitted to take advantage of their own interpretation of this Court’s order to place the petitioner under suspension afresh. No other ground has been urged on behalf of the respondents to justify the fresh order of suspension except that the fresh departmental proceedings have been initiated in pursuance of the order of this Court in C.W.J.C. No.11419/04. The writ application is, therefore, allowed. The order of suspension dated 31.10.2007 stands quashed. KC (Navin Sinha, J.)