IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1251 of 2011 MANOJ KUMAR, S/O MOTICHAND LAL, R/O KADAMKUAN, SOUTH OF CONGRESS MAIDAN, P.S.- KADAMKUAN, DISTRICT-PATNA, BIHAR, POSTED AS CIRCLE OFFICER (UNDER SUSPENSION) TARAIYA CIRCLE (SARAN) WITH PRESENT HEADQUARTERS IN THE OFFICE OF THE COMMISSIONER, TIRHUT SUB.DIVISION, MUZAFFARPUR.........PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE UNDER SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE VIGILANCE COMMISSIONER, DEPARTMENT OF VIGILANCE, GOVT. OF BIHAR, PATNA. 5. THE DEPARTMENTAL ENQUIRY COMMISSIONER, GOVT. OF BIHAR, PATNA. .......RESPONDENTS. ----------- For the Petitioner : Mr.Binod Kumar, Adv. For the State : Mr.Pravin Kumar Verma, AC to SC-V. ----------- 2 13.05.2011 Petitioner was suspended by order dated 05.10.2007. It has been pleaded and also contended by learned counsel for the petitioner that till today the departmental proceeding has not been concluded. Petitioner had earlier moved this Court through CWJC No.15172 of 2009 which was disposed of by order dated 26.11.2009, vide Annexure-6, directing the respondents to expedite the departmental proceeding and conclude it preferably within a period of six months provided the petitioner himself co-operates. 2 Learned counsel for the petitioner submits that inspite of the said orders of this Court, proceeding has not been concluded, which is evident from entire order-sheet of the departmental proceeding, annexed as Annexure-7 series. He also submits that in the departmental proceeding Principles of Natural Justice is not strictly followed and the documents required and called for are not being produced by the Presenting Officer. Learned counsel for the respondents submits that earlier the Court had directed to conclude the proceeding within six months. Hence, he submits that a firm time limit may be fixed for conclusion of the proceeding. In the circumstances, the writ application is disposed of with a direction to the respondents to conclude the pending proceeding against the petitioner, if not already concluded, positively within a period of three months from the date of receipt/production of a copy of this order. It is made clear that, in case, the proceeding does not conclude finally with final order of the Disciplinary Authority 3 within the aforesaid time limit, the suspension of the petitioner shall stand quashed and the petitioner shall be entitled to resume his duties and for payment of his full salary in accordance with law from the date of submission of his joining. Arvind/ ( J. N. Singh, J.)