IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13931 of 2003 AWDHESH KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 8. 08.02.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel for the Accountant General. The petitioner was suspended on certain charges on 14.2.1977. The suspension was revoked on 26.4.1991. He superannuated on 31.8.2000. While he was in service connected with the allegations an F.I.R. was also lodged. The criminal proceedings remain inconclusive. The prayer is to regularise the period of suspension. The petitioner states in Para 11 that the criminal proceedings were stayed by this Court. The pleadings remain inconclusive thereafter and do not disclose what happened to the criminal proceeding ultimately. The counter affidavit urges how the period of suspension would be treated shall be decided after conclusion of the criminal case. The counter affidavit then urges that the petitioner was an absconder and had not appeared in the criminal case till date. Counsel for the petitioner is unable to assist the court as to whether the petitioner has appeared in the criminal trial or not. If the petitioner has subjected himself to the criminal court and has been enlarged on bail, this Court directs that a decision with regard to his period of suspension be taken forthwith considering his superannuation. But if the petitioner has absconded from the criminal trial, has been declared absconder and has not yet appeared before the criminal court the writ petition shall stand dismissed. Any subsequent act on the part of the petitioner with regard to the criminal trial shall then be considered by the respondents appropriately after he fulfils his obligation to the law, inclusive of any orders that may have been finally passed in the proceedings when the criminal trial was allegedly stayed by this Court as the application contains no details of the same much less the case number etc. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)