IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.18324 of 2008 Dinesh Mishra, S/O late Swami Nath Mishra, at present working as Headmaster, Government Primary School, Marchhi Nautan, P.O. Nautan, P.S. Guthani, district Siwan .. Petitioner Versus 1. The State of Bihar 2. The District Education Establishment Committee, Siwan, through it’s Chairman 3. The District Superintendent of Education, Siwan .. Respondents **** /2/ 07.07.2009 Heard the counsel for the petitioner and the State. 2. Counter affidavit has been filed on behalf of the State. 3. Petitioner has challenged the order of suspension on the ground that earlier for similar charges enquiry was conducted and he was exonerated from the charge by the District Superintendent of Education, Siwan. 4. On perusal of Annexure 1, it transpires that a complaint was made against District Superintendent of Education that ignoring the report submitted by the Sub Divisional Officer reporting the allegations made against the petitioner to be true, the District Superintendent of Education without initiating any departmental proceeding simply 2 dropped it by giving some warning to the petitioner. Subsequently, in the monthly meeting of the Executing Committee again this question was raised and the resolution was taken to initiate departmental proceeding against the petitioner for the charges, accordingly, the order of suspension was issued. 5. From the counter affidavit it transpires that the suspension order was issued in contemplation of departmental proceeding. The departmental proceeding has already been initiated against the petitioner and the charges have been served. 6. Considering this fact, there is no reason for interfering with the impugned order of suspension. The petitioner may participate in the departmental proceeding so that it may be concluded without any delay. 7. This application is dismissed. Cp:2/S.A. (Mridula Mishra, J.)