IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16201 of 2008 BANARSI PRASAD, son of Late Taleshwar Singh Resident of Village and PO Sheikhpura Via Belkhara, PS Chauram, District Arwal, at present posted as Station House Officer (under suspension) Rail Police Post (G.R.P.) Jogbani, District Araria …………… Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Home (Police) Department, Government of Bihar, Patna 3. The Director General cum Inspector General of Police, Bihar, Patna 4. The Additional Director General of Police 9Rail), Government of Bihar, Patna 5. The Deputy Inspector General of Police 9Railways), Patna 6. The Superintendent of Rail Police, Katihar ….Respondents ----------- For the Petitioner: Mr. Shyama Pd Mukherji,Sr. Advocate Mr. Shanti Pratap, Advocate For the State : Mr. Rama Dhar Tiwari, Advocate ---- 2. 27.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner is a Police Official. He has been suspended on 17.10.2008 on allegations of dereliction in duty as a Police Officer. Learned Senior Counsel Shri Mukherji for the petitioner submits that till date no chargesheet has been served upon the petitioner much less drawn up to his knowledge. He invites attention of the Court to the order of suspension which does not mention that departmental proceedings were contemplated. He next submits that even subsistence allowance has not been paid. In the counter affidavit filed on behalf of the respondents the crucial requirement of stating whether chargesheet has been submitted or not is completely absent and there is no suggestion to that effect also. The law stands settled that suspension is not a punishment but an administrative measure to keep the employee away from the office both to avoid embarrassment of the employer and the employee during departmental proceedings even while master and servant relationship subsists. When no chargesheet has been drawn up despite passage of more than three months, this Court does not consider it prudent to allow the order of suspension to continue. The order dated 17.10.2008 is accordingly set aside. The departmental proceedings against the petitioner shall however continue and be concluded expeditiously within a maximum period of five months provided the petitioner himself cooperates. In the vent of non cooperation by the petitioner the disciplinary authority shall also be at liberty to proceed exparte but only after recording a finding of his satisfaction of non cooperation by the petitioner. The right to subsistence allowance is a statutory right concomitant to suspension. The petitioner is therefore held entitled to the arrears of his subsistence allowance for the period that he remained under suspension when the discretion as to under what manner the period of suspension shall be treated shall remain open for consideration by the respondents in the departmental proceedings. The writ application stands allowed to the extent indicated above. Snkumar/- (Navin Sinha,J.)