IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.16468 OF 2007. SURESH JHA, S/O LATE KUSHESHWAR JAH, R/O SURAULI, P.S BIBHUTIPUR, DISTRICT SAMASTIPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH SECRETARY CUM COMMISSIONER, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIAT,PATNA. 2.PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3.DISTRICT MAGISTRATE, SAMASTIPUR. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION,SAMASTIPUR. 5.BLOCK EDUCATION EXTENSION OFFICER, BIBHUTIPUR, SAMASTIPUR. 6.AREA EDUCATION OFFICER, MOHIUDDIN NAGAR, SAMASTIPUR. 7.HEAD MASTER, UPGRADED MIDDLE SCHOOL, BASAUNA, BHUSWARI(BIBHUTIPUR), DISTRIT SAMASTIPUR. ………………………RESPONDENTS. ------------------ 02/ 22.12.2011 Heard counsel for the parties. The grievance of the petitioner as with regard to payment of salary for the period of suspension seems to be wholly premature if not misconceived, inasmuch as, it is an admitted fact that the departmental proceeding of the petitioner is still pending. The order of suspension being only on account of pending inquiry, any decision as with regard to payment of full salary to the petitioner for the period of suspension can be taken up only upon conclusion of the departmental 2 proceeding. Mr. Sanjeet Kumar, learned counsel for the petitioner, however, would submit that such departmental proceeding despite an earlier order of this Court has not been concluded as yet and in the meantime, the petitioner has already retired from service. This Court is not aware as to why the departmental proceeding could not be concluded and whether such departmental proceeding can still be continued in terms of Rule 43-B of Bihar Pension Rules. Nonetheless as the petitioner was subjected to order of suspension pending inquiry and the result of the inquiry will have a bearing on the payment of salary for the period of suspension, this Court would direct the competent Authority to take its final decision in this matter within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)