IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17543 of 2008 RAMPYARE SINGH, SON OF LATE JANAK SINGH, RESIDENT OF VILLAGE-TIKULPAR, P.S. –SIGORI, DISTRICT-PATNA, IN-CHARGE HEADMASTER OF MIDDLE SCHOOL, KHAJURI, NAUBATPUR-2, PATNA ……. ……….. ………. …PETITIONER. Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Bihar, PATNA. 3. Regional Deputy Director, Education, Patna Division, Patna. 4. District Officer/District Magistrate, Patna. 5. District Superintendent of Education, Patna ……….. ………….. Respondents. ----------- 2. 18.01.2010 Heard the counsel for the petitioner and the counsel appearing for the state. The writ application was filed by the petitioner for quashing of the order contained in Memo No. 4667 dated 04.07.2008 issued by the District Superintendent of Education, Patna whereby the petitioner has been put under suspension in contemplation of the Departmental Proceeding. During pendency of the writ application, by order dated 15.10.2008, suspension was revoked and the petitioner was relieved from the office of the in-charge, headmaster of the school. The Departmental Proceeding which was initiated against the petitioner remained unconcluded and the petitioner superannuated on 31.01.2009. Now the prayer of the petitioner, in the changed situation, is for a direction to the respondents to treat the Departmental Proceeding concluded at the stage, it remained unconcluded on the date of petitioner’s superannuation. Further prayer of the petitioner is to pay the - 2 - admissible dues to the petitioner. No counter affidavit has been filed by the state, however, considering the subsequent development and the superannuation of the petitioner, the respondents cannot proceed with the Department Proceeding. The Departmental Proceeding is deemed to be concluded at the stage at which it was on 31.01.2009, i.e. the date of petitioner’s superannuation. This application is being disposed of, directing the respondents to pass necessary order in favour of the petitioner so far his legal dues are concerned. Akv/ (Mridula Mishra, J.)