IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6244 of 2009 DILIP KUMAR JHA, Son of Sri Munishwar Jha, resident of Flat No.203, Swadha Apartment, Mohalla Ashiana, Police Station Rajiv Nagar, District Patna. Versus 1.THE STATE OF BIHAR 2.The Principal Secretary, Home Department, Bihar Patna. 3.The Director General of Police, Bihar Patna. 4.Deputy Inspector General of Police, Champaran Range, Bettiah-cum-Conducting Officer. ----------- 2 19/5/2009 Heard Sri Prafulla Chandra Jha, counsel for the petitioner and Learned A.A.G-6 counsel for the State. The grievance of the petitioner, a Deputy Superintendent of Police, is with regard to pendency of a departmental proceeding in which charges against him were framed way back on 21.6.2006. The petitioner has claimed that he had already filed his written statement in defence on 21.5.2007 and yet in the period of next two years departmental proceeding has not been concluded. Counsel for the State, on the other hand, would submit that he is not aware as to for what reason the departmental proceeding has not been concluded. He expects that the said departmental proceeding shall be concluded within a period of six months. It is well settled that when a departmental proceeding is drawn the same cannot be used as a cloak of punishment by merely keeping it pending. It is the duty of the disciplinary authority to ensure that the departmental proceeding must be concluded as early as possible so that stigma which has been temporarily attached with the person gets decided one way or 2 another. In fact keeping the departmental proceeding pending normally gives advantage to the delinquent because of possibility of disappearance of evidence against him. In fact such delay even otherwise is contrary to the purpose and sprit of a departmental proceeding. Keeping all these aspect into consideration this Court would direct the Home Secretary and the Director General of Police Bihar to ensure that the departmental proceedings drawn against the petitioner is positively concluded within a period of six months from the date of receipt/production of a copy of this order by passing a final order. It is however made clear that in the event the petitioner would not cooperate in the departmental proceeding the same would be conducted ex-parte but in any event it must be disposed of within the aforesaid time frame. The application stands disposed of with the aforementioned observations/directions. Let a copy of this order be sent to both the Home Commissioner and Director General of Police for its strict compliance. Abhay Kumar (Mihir Kumar Jha, J.)