IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15344 of 2010 NARENDRA JHA . Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioner:M/s Mithilesh Kumar Rai & Virendra Kumar Ray, Advocates For the State :Mr. Sharvesh Chandra Verma,AC to SC 9 ---- 2. 21.09.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner questions the order of suspension dated 21.5.2009 on the ground that it is prolonged. It is submitted that charges were framed on 22.5.2009 with regard to interpolations in the Muster Roll Register and records inclusive of embezzlement of government funds in repair of the Ring Bandh. The enquiry report dated 23.12.2009 exonerated him but he still continued under suspension. He was made aware of the enquiry report in pursuance of information furnished to him on 9.8.2010 under Right to Information Act. Notwithstanding the exoneration, without differing with the same the respondents are proposing to hold de novo enquiry. Counsel for the State submits that fresh memo of charges appended to the order dated 18.6.2010 has not been enclosed but only the petitioner’s reply to the same has been placed on record. It is not possible at this stage to decipher if the fresh enquiry was on the same charges which have already been enquired into or not. That may have its relevance on the issue of suspension. The order dated 18.6.2010 refers to the same chargesheet dated 22.5.2010 in context of which the petitioner submits that he has been exonerated by report dated 23.12.2009. Learned Counsel for the petitioner submits that he confines the prayer in this application to the issue of suspension only reserving the right to question the fresh departmental proceedings if so advised in a fresh writ application. This Court grants the liberty. If the departmental proceeding has been held in pursuance of charge memo dated 22.5.2009 and the petitioner has been exonerated, this Court considers the same as sufficient justification to require reconsideration of continued suspension on that ground alone without further more. Since the matter is being disposed off without a counter affidavit the respondents are directed to reconsider the issue of continued suspension in light of the submission of exoneration in the departmental enquiry by order dated 23.12.2009 and pass a reasoned and speaking order for the justification to continue with the suspension under law within a maximum period of four weeks from the date of receipt and/or presentation of a copy of this order. If no orders are passed by the respondents within four weeks the suspension shall stand revoked. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)