IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10565 of 2010 1. RAMESH CHANDRA SAHAY S/O LATE BISHWANATH PRASAD SAHAY ASHOK VIHAR, BHARANPUR BYPASS ROAD, GAYA, P.S.CIVIL LINE, DISTT-GAYA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY-CUM-COMMISSIONER, HEALTH SERVICE GOVERNMENT OF BIHAR, PATNA 3. DIRECTOR-IN-CHIEF, HEALTH SERVICE BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR MAGADH DIVISION, HEALTH SERVICE, BIHAR, PATNA 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER GAYA 6. THE MEDICAL SUPERINTENDENT , LADY ELGIN WOMEN'S HOSPITAL GAYA 7. MANIRAJ KUMAR S/O LATE SARYUG PRASAD PRESENTLY WORKING AS CLERK IN INDIRA GANDHI INSTITUTE OF CARDIOLOGY, PATNA 8. CHIEF MANAGER STATE BANK OF INDIA MAIN BRANCH, GAYA 9. THE DISTRICT MAGISTRATE GAYA ----------- 2 08/03/2011 The Court fails to understand the manner in which the disciplinary authority in this case i.e. Director- in-Chief, Health Services, Bihar, Patna functions; specially in the background that the Enquiry Officer appointed to conduct enquiry against the petitioner has already tendered his report way back on 23.07.2009. Obviously, the enquiry report has to be acted upon and it was not a cosmetic piece of exercise carried out at the behest of the disciplinary authority. - 2 - Conclusion of an enquiry must be followed up by subsequent decision which is required to be taken by the disciplinary authority either to set the controversy to rest or to deal with an employee who has otherwise been found to be guilty of the so called misconduct. Since counter affidavit filed on behalf of respondent no. 6 only talks in terms of the history behind the proceeding, the Court is not aware as to what has been done subsequent to the tendering of the enquiry report. This writ application is disposed of with a direction upon the Director-in-Chief, Health Services, Bihar, Patna (respondent no. 3) that taking cognizance of the enquiry report dated 23.07.2009 submitted by Mr. Narendra Mohan Sharma, Joint Director-cum-Enquiry Officer, Health Services, Bihar, Patna (annexure-6) follow up action will be taken and the issue concluded preferably within a period of six months from the date of production or communication of a copy of this order failing which suspension order of the petitioner would stand revoked as an employee cannot be kept under suspension indefinitely, more so when it is because of the - 3 - failure on the part of the disciplinary authority to conclude the proceeding. This writ application stands disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)