IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2574 of 2010 SAHDEO MAHTO S/O LATE DHANESHWAR MAHTO R/O VILL.- RAMPUR (DALIAGHAT), P.S.- SADAR (MUFFASIL) RANI PATRA, DISTT.- PURNEA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, PURNEA 3. THE SUB-DIVISIONAL OFFICER, SADAR, PURNEA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA 5. THE AREA EDUCATION OFFICER, PURNEA 6. THE BLOCK EDUCATION EXTENSION OFFICER, PURNEA, DISTT.- PURNEA. ----------- 02. 08.12.2010 Petitioner had to be suspended by virtue of the order dated 5.12.2008 issued by the District Superintendent of Education, Purnea because the petitioner was taken into custody on 25.8.2008. If the reason indicated in the suspension order is correct, then the order of suspension is also correct. Counsel for the petitioner thereafter submits that petitioner has been released from judicial custody. No departmental proceeding has been initiated or any charge sheet has been served on him, no any subsistence allowance is being paid to him. The writ application is disposed of with a direction upon the District Superintendent of Education, Purnea to look into the issue of suspension of the petitioner and do the needful so far as payment of subsistence allowance is concerned. So far as other issue of initiation of a proceeding or otherwise is concerned, it is left to the wisdom of the authorities. If they want to initiate a proceeding against the petitioner immediately, steps must be taken otherwise the petitioner may have to be put back in the job and the suspension order would be required to be withdrawn. The Court expects a clear 2 direction in this regard to be issued by the State respondents within a period of three months from the date of communication/production of a copy of this order. rkp ( Ajay Kumar Tripathi, J.)