IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17915 of 2008 BAIDYANATH SINGH Versus THE STATE OF BIHAR & ORS ----------- 03 5.3.2009 Heard learned counsel for the petitioner. None is present on behalf of the State. The petitioner was placed under suspension on 24.1.2007. Memo of charges were served on 6.3.2007. The allegations related to excess payment in execution of works. He filed his reply denying the charges. The petitioner came to this Court earlier in C.W.J.C. No. 4205 of 2008 making a grievance of his prolonged suspension. This Court declined to interfere with the order of suspension, but gave directions to conclude the department proceedings preferably within a period of one month from the date of receipt and/or production of a copy of this order. A supplementary affidavit has been filed today, enclosing a second show-cause notice by the disciplinary authority dated 3.12.2008. The submission is that the departmental proceedings are now at the verge of conclusion and the punishments proposed are minor in nature. Considering the nature of the original allegation and the absence of any consequences for non- 2 completion of the departmental proceedings within time in C.W.J.C. No. 4205 of 2008, this Court was initially not inclined to interfere with the order of suspension. Learned counsel for the petitioner is right in the submission that now the respondents have only proposed minor punishments in the second show-cause notice. The enquiry has been completed. There shall be no embarrassment by reason of the enquiry, either to the petitioner or to the employer, which is one of the reasons why a person is placed under suspension and thereby facilitate the departmental proceeding. When the respondents have themselves served a second show-cause for proposed minor punishments, this Court finds no justification to now allow the suspension to continue when the departmental enquiry is over and the proceedings are virtually at the stage of closure. The order of suspension dated 24.1.2007 is, therefore, set aside. This shall however, have no effect on item no.4 of the second show-cause notice dated 3.12.2008 till the date that the petitioner continued under suspension. The writ application is allowed as indicated. P.K. (Navin Sinha, J.)