IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15228 of 2011 1. Yadupati Singh S/O Late Jagdhatri Singh Resident Of Village Vindbara, P.S. Kasim Bazar, District Munger. ----Petitioner Versus 1. The Bihar State Road Transport Corporation Limited, Patna. 2. The Chief Administrator, Bihar State Road Transport Corporation Limited, Patna. 3. The Divisional Manager, Bihar State Road Transport Corporation Darbhanga. 4. The Superintendent, Darbhanga Depot, Bihar State Road Transport Corporation Ltd., Darbhanga. ----Respondents. ---------------------------------- 03 12.10.2011 Heard learned counsel for the petitioner. Nobody appears on behalf of the respondent Bihar State Road Transport Corporation ( for short „Corporation). On 09.09.2011, this Court passed the following order:- “Learned counsel for the petitioner with reference to averments made in para 16 of the writ petition states that till today article/ memo of charges has not been framed and served upon him. Learned counsel for the Bihar State Road Transport Corporation prays for adjournment to take instruction. Two weeks time is granted to take step for filing counter affidavit. Post this matter after 3 weeks as last zero item.” No counter affidavit has been filed. The grievance of the petitioner is that he was placed under suspension by order dated 30.07.2010 (Annexure-6) but till today the article/memo of charge has not been framed and served upon him, as a result whereof, he continues to reel under suspension. The authority is vested with the power to place an employee under suspension in contemplation of departmental proceeding but they are not vested 2 with the power to keep an employee under suspension for a long period of time without initiating a departmental proceeding. This Court, therefore, finds force in the contention of the petitioner that his continued suspension is arbitrary. Having heard learned counsel for the petitioner and on perusal of pleadings made in the writ petition, this Court is satisfied that the present application be disposed of by the following order:- The respondent authority of the Corporation shall ensure formation and service of article/memo of charge on the petitioner within 03 weeks from the date of receipt/production of a copy of this order, failing which the order of suspension as contained in Annexure- 6, shall stand revoked and the petitioner shall be re-inducted in active service subject to the condition that departmental proceeding shall continue. Sym ( Kishore K. Mandal, J.)