IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7200 of 2009 GHANSHYAM NIDHI, S/o- late Nand Kishor Nidhi, R/o- Gandak Colony no.1, Motihari P.S. Motihari, District- East Champaran :----- Petitioner. Versus 1. THE STATE OF BIHAR 2. Secretary & Commissioner, Water Resources Deptt. Govt. of Bihar, Patna. 3. Secretary & Commissioner, Personnel & Administrative Reforms Deptt. Govt. of Bihar, Patna. 4. Under Secretary, Water Resources Deptt. Govt. of Bihar, Patna. 5. Under Secretary, Personnel & Administrative Reforms Deptt. Govt. of Bihar, Patna. 6. Chief Engineer, Valmiki Nagar, Motihari, Water Resources Deptt. Govt. of Bihar, Patna :--- Respondents. ----------- 2. 10.07.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the suspension order bearing Memo No. 2495 dated 19th May, 2009, Annexure-1, whereunder he has been placed under suspension without contemplating a disciplinary proceeding against him. Counsel for the petitioner submits that in such circumstances the order be quashed. 3. I regret not to accept the aforesaid submission as from the tenor of the order it is evident that the suspension is not by way of punishment then it necessarily has to be in contemplation of a departmental proceeding. 4. In the circumstances, I direct the Officer who has issued the order of suspension dated 19th May, 2009, Annexure-1 to appoint enquiry and presenting officer and serve the memo of charge on the petitioner as early as possible, in any case within a period of three weeks from today and thereafter the petitioner should file his written defence within another two weeks before the enquiry officer and the enquiry proceeding be concluded as early as possible, in any case within a period of three months from the date of receipt of the written defence. In the event the enquiry proceeding is not concluded within the time indicated in this order it shall be open to the petitioner to approach the authorities of the department for recall of the suspension order. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)