IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7354 of 2009 BIRENDRA KUMAR SON OF LATE M.K.SINGH, RESIDENT OF NEW JAKKANPUR, P.S. JAKKANPUR TOWN AND DISTRICT PATNA. Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY CUM COMMISSIONER, DEPARTMENT OF PUBLIC HEALTH AND ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, BAILEY ROAD, PATNA. 3. DEPUTY SECRETARY, DEPARTMENT OF PUBLIC HEALTH AND ENGINEERING DEPARTMENT, GOVT. OF BIHAR, NEW SECRETAROAT. BAILY ROAD, PATNA. 4. SUMAN KUMAR THE THEN DISTRICT MAGISTRATE, SITAMARHI. ----------- 2/ 02-07-2009 Heard learned counsel for the petitioner and the State. Petitioner has been placed under suspension and charge-sheet dated 17.04.2008 has also been served on him along with letter dated 18.04.2008, which is contained in Annexure-2, and it is submitted on behalf of the petitioner that after receipt of the charge-sheet, he called for certain documents from the Deputy Secretary who served the charge-memo on him but those documents are not being given to him and the departmental enquiry is not making headway for the failure of the department to produce the documents, the petitioner is languishing under suspension. The documents referred to in the charge-sheet should be given to the petitioner so that he can make out his written defence. After receipt of the - 2 - aforesaid seven documents the petitioner is at liberty to file written defence within seven days of the receipt of the documents. Accordingly, I direct the Deputy Secretary to furnish the documents referred to in the charge-sheet to the petitioner as early as possible , in any case within a period of one month from the date of receipt/ production of a copy of the order and thereafter to proceed with the enquiry proceeding . The documents which have not been referred to in the charge sheet but the petitioner wants to use them as his defence, he is at liberty to question the departmental witnesses about those documents during their cross-examination. The departmental proceeding after service of documents as referred to in the charge-sheet be concluded as early as possible within a period of three months from the date of service of those documents referred to in the charge-sheet. It is made clear that if the petitioner is not co-operating in the early disposal of the proceeding within time as indicated in this order, then it is open to the enquiry officer to proceed with the enquiry proceeding ex-parte. It is further made clear that if the petitioner is cooperating in the enquiry but the enquiry Officer is not able to conclude the enquiry proceeding for any other reason within the aforesaid period then the authorities should revoke the suspension of the petitioner . - 3 - With the aforesaid observation/direction this writ application is disposed of. ( V. N. Sinha, J ) BTiwary/