IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16145 of 2009 1. NUNU LAL CHAUDHARY S/O SRI MUSHAHARU CHAUDHARY R/O VILL.- TULAPATTY, P.O.- TULAPATTY, P.S.- PIPRA, DISTT.- SUPAUL, AT PRESENT WORKING AS LABOUR ENFORCEMENT OFFICER IN THE LABOUR RESOURCES DEPARTMENT AND WAS POSTED AT RAGHOPUR IN THE DISTRICT OF SUPAUL Versus 1. THE STATE OF BIHAR REPRESENTED THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER DEPARTMENT OF LABOUR RESOURCES, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE SUPAUL 4. THE SUB-DIVISIONAL OFFICER BIRPUR, SUPAUL 5. THE BLOCK DEVELOPMENT OFFICER RAGHOPUR (SUPAUL) ----------- 2 5.1.2010 Heard learned counsel for the petitioner and the State. The petitioner was placed under suspension on allegations of unauthorized absence hindering relief work during floods in contemplation of a departmental proceedings by order dated 26.9.2008. Despite a recommendation for revocation of the suspension, no relief forthcoming, he came to this Court in C.W.J.C. No. 13055 of 2009. This Court directed a final decision on the recommendation for revocation whereafter appropriate orders have been passed on 12.11.2009 revoking the suspension. Learned counsel submits that in pursuance of the revocation of suspension, for reasons mentioned in the recommendation, there is no justification to subject the petitioner to departmental proceedings which shall only be subjecting him to unnecessary harassment. 2 Whether the petitioner was unauthorizedly absent from duty or not is a question of fact. His explanation as considered in the recommendation is a matter to be more appropriately considered by the disciplinary authority. This Court cannot substitute its opinion for that of the disciplinary authority by entering into issue of facts and substitute its views over the disciplinary authority. If the petitioner represents before the disciplinary authority that the grounds for departmental proceedings are non est that shall not preclude the disciplinary authority from considering the same by independent application of mind, in accordance with law. The writ application stands disposed with the aforesaid observation. P. Kumar (Navin Sinha, J.)