IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1250 of 2002 UMESH CHANDRA JHA Versus STATE OF BIHAR & ORS ----------- 3. 11.2.2010 The present application has been filed for modification/extension of time in the order dated 27.11.2001 passed in C.W.J.C. No.5659/1999 and C.W.J.C. No.12051/2001. From a perusal of the order dated 27.11.2001, it appears that the present modification application for extension of time is wholly misconceived. This Court had directed by the said order that if the departmental proceeding was not concluded by 31.3.2002, despite co-operation of the petitioner, then the petitioner would be deemed to be released from suspension with effect from 1.4.2002 whereafter he would be entitled to posting and full salary for the subsequent period. It was, however, clarified that the departmental proceeding would continue meanwhile and the question of salary, etc. for the suspension period would abide by the result of the enquiry. In view of the aforesaid clear orders passed by this Court, there was no occasion for the State-respondents to have filed an application - 2 - for modification/extension of time, as there was no direction that the departmental proceedings itself would not continue. In the above circumstances, there is no merit in the modification application and it is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )