Patna High Court CWJC No.19773 of 2011 (2) dt.05-12-2011 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19773 of 2011 ====================================================== 1. Virendra Paswan Son Of Late Devan Paswan Resident Of Sheikhpura, P.S. Ghoshi, District-Jehanabad. .... .... Petitioner/s Versus 1. The State Of Bihar Through Chief Secretary, Government Of Bihar, Patna. 2. The Principal Secretary, Department Of Labour Resources, Government Of Bihar, Patna. 3. The Labour Commissioner, Department Of Labour Resources, Vikas Bhawan, Government Of Bihar, Patna. 4. The Joint Commissioner, Department Of Labour Resources, Government Of Bihar, Patna. 5. The Deputy Labour Commissioner, Patna Division, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha For the Respondent/s : Mr. Anil Kr Uapdhyay Sc20 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 05-12-2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been placed under suspension on grounds of a vigilance case under the Prevention of Corruption Act. He was taken into custody and released whereafter fresh orders have been passed on 30.9.2010 and charges framed for a departmental proceeding. Strong reliance is placed on an order of this Court in C.W.J.C. No.12527/10 that if the memo of charge in the departmental proceeding and the criminal case are based on Patna High Court CWJC No.19773 of 2011 (2) dt.05-12-2011 2 identical charges the departmental proceedings ought to remain stayed pending disposal of the criminal trial. Learned counsel for the State is right in his submission that if the suspension is under Rule-9(1)(c) of the Bihar C.C.A. Rules, 2005 it continues during the pendency of the criminal case. The petitioner is stated to have represented before the disciplinary authority seeking stay of the departmental proceedings. Let the disciplinary authority pass a reasoned and speaking order thereupon in accordance with law preferably within a maximum period of six weeks from the date of receipt/presentation of a copy of this order. It is now for the State to demonstrate its bona fides by how quickly it concludes the vigilance prosecution provided the petitioner cooperates. The writ application stands disposed. Krishna Chandra Jha/- (Navin Sinha, J)