IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7612 of 2011 Raj Kumar Ram SON OF LATE JAGDEO RAM RESIDENT OF NEW CAPITAL DHOBI GHAT, BAILY ROAD, PATNA. Versus The State Of Bihar & Ors ---------------------------------- 3 21/11/2011 Vide annexure-2 dated 15.02.2000 petitioner was put under suspension by order of the Director, Museum, Government of Bihar, Patna. Reason for suspension of the petitioner was institution of a criminal case under section 307 of the Indian Penal Code. After 1999 petitioner has remained under suspension for all these years without there being any departmental proceeding or order of revocation of his suspension. A counter affidavit has been filed duly sworn by the Director of Museum saying that the respondents authorities are not bound to revoke the suspension of the petitioner so long criminal case is pending. No departmental proceeding has been initiated with regard to the said charge because they are waiting for final decision of the criminal court, the fate of which is not known. With the kind of stand which has been taken and - 2 - with the service rules having undergone a change, petitioner cannot remain under suspension life long because a criminal case is pending against him. Annexure-2, therefore, stands quashed. Petitioner would be reinstated in service. If the respondents are interested in proceeding against him departmentally, they may do so according to law as is existing today. This writ application is accordingly allowed. AMIN/ (Ajay Kumar Tripathi, J.)