IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9733 of 2010 1. RAJENDRA PRASAD S/O LATE RAM JANAM PRASAD R/O MOH NURANGANJ, P.S.SASARAM, DISTT-ROHTAS Versus 1. THE STATE OF BIHAR null null 2. THE PRINCIPAL CHIEF CONTERVETOR OF FOREST, TECHNOLOGY BHAWAN BAILEY ROAD, PATNA-15, BIHAR 3. THE REGIONAL CHIEF CONSERVETOR OF FOREST SUNERBAN BHAGALPUR, BIHAR 4. THE CONSERETOR OF FOREST PURNIA , BIHAR 5. DIVISIONAL FOREST OFFICER ARARIA 6. RANGE OFFICER OF THE FOREST ARARIA ----------- 2. 21.06.2011 Heard learned counsel for the petitioner and for the State. The petitioner, a Forester regulated by the Bihar Forest Service Rules & Bihar Subordinate Civil Service (Classification Control and Appeal) Rules is aggrieved by his suspension dated 23.7.2009. It is not in controversy that subsequently charges have been framed and he has filed his reply to the same. The departmental proceedings have therefore commenced. There is thus no occasion for the Court to go into the correctness of the charges as the defence of the petitioner is a matter to be appropriately examined in the proceedings itself. However, while the petitioner was under suspension and charges framed on 29.3.2010 he has been relieved on 23.7.2010, consequent to the allocation of his cadre to the State of Jharkhand pursuant to the reorganization of the State of Bihar. The petitioner is stated to have joined in the State of Jharkhand in July, 2 2010. There can be no two opinions that the petitioner carries with him the burden of his suspension and departmental proceedings to the new post. He however has an apprehension that now the suspension and the departmental proceedings shall be prolonged as the State of Bihar may not be very co-operative in forwarding necessary documents to the State of Jharkhand to enable the State of Jharkhand to consider any representation for revocation of suspension much less conclusion of the departmental proceedings. It is the obligation and duty of the State of Bihar to ensure that all necessary records, papers and documents connected with the allegations, the memo of charge are forwarded to the competent authority to the State of Jharkhand positively within a maximum period of four weeks from the date of receipt/production of a copy of this order before the concerned authority of the State of Bihar. If the petitioner makes any demand for any document from the memo of charges or integrally connected with the charges to defend and the enquiry officer is satisfied for the same but is unable to furnish it because the State of Bihar did not forward it, serious consequences shall follow for those found deficient in their duties. Nothing precludes the petitioner in the peculiar circumstances of the case from representing for 3 revocation of his suspension before the authorities in the State of Jharkhand which is expected to be considered on its own merits in accordance with law as distinct from the continuation of the departmental proceedings. The Court expects the authorities in the State of Jharkhand to conclude the departmental proceedings within a maximum period of six months from the date that the documents are received from the State of Bihar, provided the petitioner himself co-operates. Let any arrears of the claim for the subsistence allowances payable by the State of Bihar be considered in accordance with law and disposed off within a maximum period of four weeks from the date of filing of such representation. The writ application stands disposed. P. Kumar (Navin Sinha, J.)