IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9894 of 2011 Krishna Chandra Choudhary Versus The State Of Bihar & Ors ----------- 02. 03.8.2011 It is a serious allegation made against the Panchayat Secretary of taking bribe from beneficiaries of Indira Awas Scheme. Such allegation led to a kind of enquiry issued by the District Magistrate and based on the inputs order of suspension has been passed against the petitioner. Thus, the said order of suspension has basis when the decision was taken. It is an issue which should be investigated to the hilt and the District Magistrate is directed to ensure that the enquiry against the petitioner is completed within a period of three months from the date of production/communication of a copy of this order. Writ application otherwise is dismissed. It does not require any interference at this stage looking at the seriousness of the charge. There is yet another dimension to the issue. Petitioner submits that he still continues to work on the post on the direction of the Block Development Officer despite the order of suspension. This Court would surely like to draw the attention of the District Magistrate in the way such subordinate functions under him in the district. Surely, it is a matter of enquiry as to how a suspended person can continue to work and 2 perform his duty. Other aspect which does emerge that there is even FIR lodged against the petitioner, Mukhiya and some other accused on this count and pendency of the criminal charge in this regard also has a vital importance to the issue. In view of the totality, therefore, the contention of the counsel that his case would be covered by the Full Bench decision rendered in the case of State of Bihar vs. Gyan Kumar Ram, 2009 (4) PLJR 272, will have to be read in the light of the provisions of the rules contained in Rule-9 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 and even though the order of suspension does not indicate that it was due to lodging of a criminal case, this fact cannot be overlooked by this Court at this stage. District Magistrate is directed to produce the enquiry report in a sealed cover after expiry of three months. The matter will be placed after submission of the report for perusal. rkp ( Ajay Kumar Tripathi, J.)