IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11578 of 2009 Satrughan Singh, Son of Dharmdeo Singh, Assistant Teacher, Govt. Middle School, Sinduari, Hajipur (Vaishali)………….Petitioner Versus 1. The State Of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. Director, Primary Education, Govt. of Bihar, Patna. 4. District Magistrate, Vaishali at Hajipur, District Vaishali 5. The Regional Deputy Director of Education, Vaishali at Hajipur, District Vaishali 6. District Education Officer, Vaishali at Hajipur, District Vaishali. 7. District Superintendent of Education, Vaishali at Hajipur, District Vaishali. 8. Area Education Officer, Hajipur, Vaishali, District Vaishali 9. Sri Nasim Ahmad, District Superintendent of Education, Vaishali at Hajipur……Respondents ----------- For Petitioner: Mr. Rajni Kant Jha, Advocate For State: Mr. Rajiv Kumar Singh, Asstt. Counsel to G.A. No. VI For Respondent No.9: Mr. Birendra Kumar Sinha, Sr. Advocate with M/s Alok Kumar No.1, Madhuri Lata No.1 and Deepak Kumar, Advocates 3 24.11.2010 I.A. No. 9608 of 2010 In view of the development subsequent to filing of the writ application, petitioner has filed this interlocutory application for amendment in the writ application by adding prayer for disposal of his appeal and for conclusion of the departmental proceeding. In the facts and circumstances, the 2 interlocutory application is allowed. The writ application is treated as amended in terms of the said I.A. Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for respondent no.9. The writ application was filed by the petitioner for quashing of order of suspension dated 06.07.2009 and for direction to the respondents for transferring him to some other place. During pendency of the writ application, suspension of the petitioner has been revoked and by Annexure-10 to the I.A, petitioner has been transferred from Vaishali District to Saran District. The grievance of the petitioner is that departmental proceeding against him is lingering in Vaishali due to which he is not being relieved and, therefore, he is not being posted against any appropriate post in Sararn district in spite of the fact that he had been transferred almost a year back. Further grievance of the petitioner is that during the pendency of the proceeding 3 itself, two increments of petitioner have been withheld on account of his non-filing of earlier show cause without passing a final order in the departmental proceeding. Learned counsel for the petitioner submits that respondents should conclude the departmental proceeding, with whatever result, and pass final order so that the proceeding may come to a close. The grievance of the petitioner is reasonable. Learned senior counsel appearing for respondent no.9 has also no objection if time frame is fixed for disposal of the proceeding against the petitioner. He assures this Court that within the time frame, proceeding against the petitioner shall be concluded and final orders shall be passed. Learned counsel for the petitioner submits that transfer order is going to lapse on 31.12.2010. He submits that he has no further step to take in the proceeding and respondents are only to pass final order in the matter. He submits that petitioner will not raise a grievance that he has not been given any opportunity to file further 4 reply to show cause or that he has not been given opportunity to appear in the proceeding. Learned counsel submits that with whatever materials available on record, respondents may pass final order and may conclude the proceeding. In that view of the matter, taking into consideration submissions of the learned counsel for the parties, this Court directs respondents to pass final order in the proceeding positively by 15th December, 2010. This order is being passed in the presence of the learned counsel for the respondents and, therefore, respondents should not wait for a copy of the order and they will proceed in the matter without waiting for the same. The Appellate Authority shall also consider the appeal of the petitioner and dispose of the same expeditiously in accordance with law. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)