IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.444 of 2011 VIJAY KUMAR, S/O LATE HARIHAR MANDAL, R/O NEW AREA, PARWATTI, P.S.-TATARPUR, DISTRICT- BHAGALPUR. .......PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL WORKS DEPARTMENT, BIHAR, PATNA. 2. THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. SUPERINTENDING ENGINEER, RURAL WORKS DEPARTMENT, DARBHANGA. 4. ENGINEER-IN-CHIEF, RURAL WORKS DEPARTMENT, BIHAR, PATNA. 5. EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, WORK DIVISION, BENIPATTI, MADHUBANI. 6. DEPUTY SECRETARY, VIGILANCE, P.W.D., BIHAR, PATNA. .......RESPONDENTS. ----------- 2 17.05.2011 From Annexure-3, a notification dated 12.09.2007, it appears that the petitioner was put under suspension in contemplation of a departmental proceeding. Since then, he continues under suspension without there being much progress in the departmental proceeding. Hence, he has moved this Court. Learned counsel for the petitioner refers to an order of this Court, as contained in Annexure-4, in the case of one Md.Gufaran Ahmad, who was also suspended along with the petitioner in contemplation of a departmental proceeding and in his case this Court had directed the departmental proceeding to be expedited and concluded within a period of six months, failing which his suspension was directed to be treated as revoked. 2 Learned counsel for the respondents, on instructions, submits that a criminal proceeding is also pending against the petitioner. Pending criminal proceeding cannot be a ground to keep a departmental proceeding initiated against the Government servant pending indefinitely. This has been clarified by the Personnel and Administrative Reforms Department through various letters. In the circumstances, this Court directs the respondents to finally conclude the departmental proceeding against the petitioner positively within six months from the date of receipt/production of a copy of this order, failing which the suspension of the petitioner shall stand revoked and he shall be entitled for his full salary thereafter. The arrears of subsistence allowance of the petitioner shall be paid by the respondents positively within one month. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)