WP(C) 3468/2011 BEFORE THE HON’BLE MR JUSTICE AC UPADHYAY . Heard Mr. S. K. Muktar, learned counsel appearing for the petitioner and Mr. P. N. Goswami, learned standing counsel, Education Department, appearing for the re spondents. Mr. Goswami, learned standing counsel, Education Department, appearing for the r espondents, has placed before the court the instruction he has received from the concerned department. On perusal of the instruction, it appears that the petit ioner is under suspension for last 16 months and no departmental proceeding has yet been initiated against him. Learned counsel for the petitioner submits that in terms of the provisions of pa ragraph No.2.1.8 of Chapter No.II of the Manual of Departmental Proceedings, the suspension should be resorted to only in cases where a major punishment is like ly to be imposed if the charges are proved. Further charges and the statement o f allegations should be served within three months from the date of suspension f ailing which the Government servant should be reinstated in service. Learned counsel for the petitioner further pointed out that in cases where it is not reasonably practicable to prepare the charges for service within three mont hs from the date of suspension and the continued suspension of the Government se rvant is considered necessary in the public interest, the authority concerned sh ould move the Personnel Department through Administrative Department well before the expiry of the period of three months with a letter detailing the nature of the allegations and the reasons for which charges could not be prepared so that the Personnel Department could advise whether any further extension of the perio d of suspension should be permitted or not. In the instant case, as submitted by the learned counsel for the petitioner, no such leave has been obtained by the concerned department. Apparently, in view o f the above, the continued suspension of the petitioner is illegal and violative of the provisions of the Manual of Departmental Proceedings. Accordingly, the impugned suspension order dated 05.04.2010 is hereby quashed and the petitioner is directed to be reinstated in service immediately. Further, if the authoritie s concerned desire to proceed with the departmental proceeding against the petit ioner, they may do within a period of two months from the date of receipt of the certified copy of this order. With the above observations and directions, this writ petition is disposed of. No costs.