IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 14639 of 2010 Kusum Lal Choudhary, son of late Baleshwar Choudhary, resident of Village – Thumha, P S – Pipara, District – Supaul - Petitioner Versus 1 The State of Bihar 2 The Director, Primary Education, Government of Bihar, Patna 3 The District Magistrate, Supaul, District – Supaul 4 The Regional Deputy Director of Education, Koshi Division, Saharsa 5 The District Superintendent of Education, Supaul, District - Supaul - Respondents *** For the petitioner : M/s Sharda Nand Mishra & Dhananjay Kr Gupta, Advocates For the S t a t e : Mr S C 23 *** 2 25.10.2010 No one appears for the State. The petitioner has come to this Court against his continued suspension. By order, as contained in Memo No 1216 dated 24.07.2009 (Annexure-4), the District Superintendent of Education, Supaul suspended the petitioner with immediate effect stating that chargesheet would be served separately. Thereafter, petitioner retired from service on 31.07.2010 and till date, no chargesheet has been served on the petitioner. The grievance of the petitioner is that having been suspended and subsequently retired, he is not getting any retirement benefit nor are the proceedings being terminated. Having considered the matter, instead of keeping the matter pending, I direct the District Superintendent of Education, Supaul to immediately look into the matter and conclude the departmental proceedings within a period of six months in accordance with law. It will be open to the petitioner to raise all issues of fact and law in the 2 proceedings with regard to its maintainability which would be duly considered. If the proceedings are not concluded within six months of production of a copy of this order before the District Superintendent of Education, Supaul then State would be precluded from proceedings further in the matter as petitioner has already superannuated. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)