IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3505 of 2009 AJAY KUMAR DWIVEDI Versus THE STATE OF BIHAR & ORS ----------- 3. 07.11.2009 Heard learned counsel for the petitioner and the State. The petitioner was earlier working at Ranchi in the unified State of Bihar. On reorganization of the State, he has been allocated to the reorganized State of Bihar. On 17.5.2004 he was served with a memo of charge with regard to certain misdemeanour alleged against him while he was working at Ranchi in the erstwhile unified State of Bihar. He submitted his reply to the same. Nothing further has been alleged to have transpired when the impugned order of suspension dated 30.12.2008 has been passed, appointing an Inquiring Officer. Counter affidavit has been filed on behalf of the Respondent-State of Bihar. This Court does not consider it necessary at this stage to take note of the submissions on behalf of the petitioner with regard to the defective charges or the report of the Inquiry Officer asking for further details in absence of which he finds it difficult to presently continue with the departmental proceedings. This Court finds substance in the second contention on behalf of the petitioner that if on 17.5.2004 on certain specified charges while issuing memo of charges, the authorities did not consider it necessary to place him under suspension, there can be no justification for placing him under suspension four years later 2 on the same charges. The contention of the petitioner that the impugned order of suspension dated 30.12.2008 in the facts and circumstances of the case is vitiated, malafide in law and is not sustainable finds substance. The counter affidavit is completely silent as to what was the occasion to suspend the petitioner in the year 2008 when on the same charges it was not considered necessary by the authorities to suspend him in the year 2004. The order of suspension dated 30.12.2008 is quashed. The writ application is allowed to that extent alone. This Court has made no observation with regard to the departmental proceedings. AKS/ (Navin Sinha, J.)