IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8802 of 2008 JICHHU BAITHA Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :Mr. Sadanand Mishra, Advocate For the State :Mr. Shambhu Nath, JC to GP X 02/ 01.7.2008 Heard learned counsel for the petitioner and the State. 2. Petitioner, who is a Panchayat Sewak, is aggrieved by the order of the District Magistrate, Bhagalpur, bearing Memo. No. 2000 dated 12.12.2006, Annexure-1 to this application, whereunder, he has been placed under suspension with further direction to conclude the departmental proceeding within 46 days of the issue of the suspension order. 3. It is submitted on behalf of the petitioner that till date neither the charge memo. has been served nor the enquiry proceeding has begun, as was directed under the suspension order, Annexure-1. 4. This application is, accordingly, disposed of with direction to the petitioner to appear before the District Magistrate, Bhagalpur along with a certified copy of this order and if the District Magistrate, after due enquiry from his office, is satisfied that petitioner has neither been served with the charge memo. till date nor the enquiry proceeding has begun then he shall reinstate the petitioner and thereafter ensure payment of the arrears of subsistence allowance for the period of suspension, but the proceeding contemplated against the petitioner shall, however, continue. Arjun/ (V.N. Sinha, J.)