IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4491 of 2008 KRISHANDEO PASSWAN Versus THE STATE OF BIHAR & ORS ----------- 3. 7.7.2008. Heard learned counsel for the petitioner and the State. 2. None appears for the Dehri Dalmianagar Municipal Board, although two separate counter affidavits have been filed on behalf of Respondent No.5 and Respondent Nos. 6 to 9, the authorities of the Municipality. 3. Petitioner at the relevant time was serving as Head Clerk, Accountant and Tax Daroga of the Municipality. He was made accused in a trap case and was also taken in custody by the Cabinet Vigilance Bureau, which case is still under investigation but petitioner has been released on bail by this Court under orders dated 4.1.2008 as contained in Annexure-3 to this application, whereafter he has been placed under suspension under order bearing Memo No. 7(c) dated 19.1.2008 as contained in Annexure-1, which is impugned in this writ application. 4. From the counter affidavit filed on behalf of Respondent Nos. 6 to 9 it appears that the charges have already been framed in the proceeding and the charge sheet is dated 21.1.2008 and was served on the petitioner along with the letter of the Executive Officer of the Municipality bearing Memo No. 34 dated 21.1.2008 contained in Annexures- F and G to the counter affidavit. 5. It is submitted on behalf of the petitioner that there has been no progress in the proceeding as neither the Inquiry Officer nor - 2 - the Presenting Officer have been appointed so far. Petitioner has also not been paid subsistence allowance since the date of his arrest. 6. Let the Respondent No.6, the Executive Officer ensure payment of entire arrears of substance allowance to the petitioner within a period of one month from today and thereafter ensure appointment of the Inquiry Officer as also the Presenting Officer who should conclude the departmental proceeding within six months from the date of appointment of the Inquiry/Presenting Officer and if the proceeding is not concluded within that time then the suspension of the petitioner be revoked. 7. With the aforesaid observations and directions this writ application is disposed of. Rajesh/ (V.N.Sinha,J.)