IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19699 of 2010 BALESHWAR PRASAD YADAV Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, GOPALGANJ 3. THE SUB DIVISIONAL MAGISTRATE GOPALGANJ 4. THE BDO, GOPALGANJ BLOCK. --------- 2 07.12.2010. The petitioner has assailed the order contained in Memo no. 810 dated 20.7.2010, issued by the Collector, Gopalganj, whereby he has suspended the petitioner in contemplation of departmental enquiry. The petitioner is a duly appointed Panchayat Secretary of Gram Panchayat, Chaurao, block Gopalganj in the year 1977. In the impugned order, it has been alleged that he was obstructing the Government work and remained unauthorizedly absent from his duty. The Collector, Gopalganj in contemplation of departmental proceeding suspended him and directed for payment of subsistence allowance. The Headquarter of petitioner was notified as SDM office, Gopalganj. As the petitioner has only been suspended in contemplation of departmental proceeding/enquiry, no positive order can be passed quashing his suspension order. It appears that though four months have passed still charge sheet has not been served. If the respondents fail to serve the charge sheet within a period of two months, the order of suspension would stand revoked automatically. During the intervening period, the petitioner would be paid subsistence allowance without further delay. - 2 - The writ petition thus stands disposed of. Let a copy of this order be handed over to learned S.C.10. Shashi. (S.P.Singh,J).