IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7078 of 2001 SHEIKH MD. ALIMUDDIN Versus THE STATE OF BIHAR & ORS ----------- 3 10.9.2008 Heard learned counsel for the petitioner and the State. In pursuance of alleged defalcation first information report was lodged and a departmental proceeding initiated. In pursuance of the first information report, the petitioner was taken into custody on 7.6.1998 and released from the custody on 28.8.2000. The memo of charges were drawn up on 14.7.1998 while the petitioner was in custody. The departmental proceeding continued when an enquiry report dated 22.4.1999 was submitted. It is the contention of the respondents that it was the petitioner who did not participate and did not respond to the second show cause notice as he was an absconder. On the facts , from consideration of the relevant dates, it is more apparent that on the date that the charges were framed, the petitioner was in custody, the period of enquiry at the date on which enquiry report came to be submitted, he was in custody. Obviously, there was no departmental proceeding in accordance with law. The reason was beyond his control as the petitioner was unable to participate in the same. However, in view of the nature of the allegation this Court considers it proper to set aside the order of punishment dated 9.8.2000 even while simultaneously directing the respondents to serve memo of charge upon the petitioner and proceed expeditiously with the - 2 - departmental proceeding; provided the petitioner cooperates and conclude the same within a maximum period four months from the date of receipt/production of a copy of this order. Learned counsel for the petitioner submits that his client shall be appearing before respondent no.2 within a maximum period of two month from today along with certified copy of this order for the purpose. The writ application stands allowed with direction. shahid (Navin Sinha,J)