IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10655 of 2011 Upendra Jha, Presently Posted As Deputy Director-Cum-Osd, Social Welfare Directorate, Govt. Of Bihar, Patna S/O Late Nandu Jha R/O Vill.-Kasera, P.S. Harlakhi, Distt.-Madhubani--- ---------------------------------------------------Petitioner Versus 1. The State Of Bihar. 2. The Chief Secretary, Govt. of Bihar, Patna. 3. The Principal Secretary, General Administrative Deptt., Govt. of Bihar, Patna. 4. The Additional Secretary To The Govt. General Administrative Deptt., Govt. Of Bihar, Patna--Respondents ---------------------------------- For the Petitioner: Mr. Ram Kishore Singh, Advocate For the Respondents: Mr. Ajay Kumar Singh, AC to SC-17. ------------------------ 3 8.11.2011 Heard learned counsel for the parties. Petitioner has superannuated now during the pendency of the present writ application. However, while he was still in service, for certain omission or commission committed by him during the course of his official business while being posted at two different Divisions, the respondent authority decided to initiate departmental proceedings. The Court is informed that in both the matters the enquiry officer has finally submitted his report more than a year back. But the disciplinary authority has not taken a final decision and still seeking certain clarification which has been talked about in the counter affidavit filed by the State. What kind of clarification is required to be obtained on a submitted enquiry report is not understood by this Court. The Court does not even understand whether such clarification or further inputs can be sought when material has already come during the enquiry which shall form the basis for the disciplinary authority to decide the matter. 2 Taking into consideration the affidavit filed on behalf of the State today, duly sworn by Officer-on-Special Duty-cum- Deputy Secretary, General Administration Department, this writ application is disposed of with categorical direction upon the Principal Secretary, General Administration Department, Government of Bihar that he has an obligation now to conclude the departmental enquiry in the sense that he has to take a decision on the enquiry report/reports and pass a final order based on the materials which have come during the course of enquiry by 31st of March, 2012. Failure to do so would mean that liability is going to be fixed by this Court upon the Principal Secretary for not carrying out the direction of this Court. A copy of the order would be communicated to the Principal Secretary for his knowledge and needful. This writ petition is disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)