IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11569 of 2009 UMESH PRASAD SINGH, S/o- Sri Mahendra Narayan Singh, resident of Village- Babhani, P.S.- Singheshwar, District- Madhepura :---- Petitioner. Versus 1. THE STATE OF BIHAR through its Chief Secretary, Old Secretariat Building, Patna. 2. The Principal Secretary to the Govt. Home Department, Govt. of Bihar, Old Secretariat Building, Patna. 3. The Inspector General of Prisons, Bihar, Old Secretariat Building, Patna. 4. The Deputy Secretary, Govt. of Bihar, Home (Special) Department, Bihar, Patna :----- Respondents. ----------- 02. 10.09.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner has been placed under suspension and the suspension order is the subject matter of another writ petition bearing C.W.J.C.No. 4287of 2009 pending in this Court down below in the list at Serial No. 10384, in the circumstances, not likely to be taken up for admission and disposal soon. 3. Since the writ petition against the suspension order is not likely to be taken up soon, petitioner has challenged the inaction on the part of the Enquiry Officer appointed in terms of the order of the State Government bearing Memo No. 6131 dated 6th June, 2008, Annexure-2 as the Enquiry Officer having received the written defence from the petitioner on 29.09.2008 has not proceeded at all with the enquiry and result is that petitioner is languishing in suspension for over 18 months which is detrimental not only to the interest of the petitioner but also against the public interest as he is being paid salary without discharging any public duty. In this connection it is pointed out that the State Government having considered the provisions of Rule 17 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the “Rules”) fixed a time schedule during which the enquiry proceedings have to be concluded by the Enquiry Officer and such time schedule has been provided by the State - 2 - Government under instruction of the Personnel and Administrative Reforms Department of the Government contained in Circular No. 4010/06 (P) 2178 dated 28.02.2007 in terms whereof the enquiry proceeding is required to be concluded as per the procedure provided in Rule 17 of the Rules within six months and thereafter final order has to be passed within two months of the receipt of the Enquiry Report. It is submitted on behalf of the petitioner that ignoring the contents of the instructions of the Government issued in terms of Rule 17 and 18 of the Rules the enquiry proceeding has not made any progress which is to the detriment of the petitioner as he is languishing in suspension for more than 18 months. 4. Having considered the aforesaid submission on behalf of the petitioner, I direct the Enquiry Officer, namely, the Divisional Commissioner, Patna before whom written defence of the petitioner was filed on 29.09.2008 to consider the provisions of Rule 17 as also the circular letter dated 28.02.2007 and pass appropriate orders in the matter. It shall be open to the Enquiry Officer, in case of paucity of time, to even return the proceedings to the disciplinary authority whereafter the disciplinary authority shall consider the desirability to revoke the suspension of the petitioner as also to entrust the proceedings to another authority for completing the proceeding within a reasonable time in accordance with law. Learned Commissioner should act in terms of this order as early as possible in any case within one month from the date of receipt/production of a copy of this order. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)