IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4305 of 2011 KUMAR AVINASH, S/O LATE SUBANSH SINHA, R/O VILLAGE-GOPALBAD, P.S.-SARMERA, DISTRICT- NALANDA. ........PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE MINISTER, PUBLIC HEALTH ENGINEERING DEPARTMENT, BIHAR, PATNA. 3. THE CHIEF ENGINEER, P.H.E.D., MUZAFFARPUR ZONE. 4. THE EXECUTIVE ENGINEER, P.H.E.D., SIWAN. .........RESPONDENTS. ----------- 2 17.05.2011 From Annexure-1 dated 31.05.2010, it appears that on the verbal order of the Minister of the Department, petitioner was put under suspension. There is nothing in the order to show that he was suspended in contemplation of any departmental proceeding or on account of pendency of any criminal charge. It is pleaded in paragraph 9 of the writ application that no reasons have been disclosed in Annexure-1 that as to why the petitioner has been suspended since there is no criminal case pending against the petitioner and no departmental proceeding is under contemplation. Thus, the suspension of the petitioner without any departmental proceeding or without any charge being served on him has crossed much more than 7 months. Learned counsel for the State submits 2 that he has repeatedly informed the respondents to furnish instructions in the matter to enable him to file counter affidavit. However, the respondents have not responded so far. In the circumstances, there being no material available on record to show that within 7 months from the date of suspension of the petitioner by order dated 31.05.2010 any charges were served on the petitioner, it is held that the suspension of the petitioner shall be treated as revoked on completion of 7 months from the said date and the petitioner shall be entitled to his full salary from the next date of completion of 7 months from the said order dated 31.05.2010. The arrears of salary on that account shall be paid to him positively within two months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)