IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3024 of 2009 BAUE LAL MISHRA Versus THE STATE OF BIHAR & ORS ----------- 2 5.3.2009 Heard Mr. Anand Kumar Ojha, counsel for the petitioner and counsel for the State. The grievance of the petitioner as with regard to the order of suspension and the consequential departmental proceeding, in the facts of this case, can be better redressed if the departmental proceeding itself is brought to an end on an early date. That being so, this Court would direct the respondents to frame and serve the memo of charge on to the petitioner within a period of one month from the date of receipt/production of a copy of this order. The petitioner, thereafter, will file his written statement of defence within a period of fifteen days from the date of service of memo of charge. The enquiry officer, so appointed, thereafter, will conclude the proceedings within a period of three months and submit its report whereafter the disciplinary authority of the petitioner shall take an appropriate decision in next two months. The aforesaid time limit 2 has been fixed keeping in view that the petitioner will cooperate as has been undertaken by the counsel for the petitioner before this Court. Notwithstanding the aforementioned direction, the petitioner will have a liberty to approach the competent authority for raising his grievance in terms of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 as with regard to non- service of memo of charge vitiating the order of suspension after completion of 90 days. Such grievance of the petitioner, if raised, will definitely be looked into and decided by the competent authority in the manner prescribed above within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations/directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)