IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11724 of 2003 YOGENDRA SINGH Son of Sri Ram Jatan Singh Resident of Village Charhata, P.S. Belaganj, District-Gaya. At present posted as Assistant Engineer, Field Survey Division, Advance Planning, Road Construction Department, ARA. Versus 1.THE STATE OF BIHAR 2.The Commissioner Cum Secretary, Road Construction Department, Govt. of Bihar, Vishwesaraiya Bhawan, Patna. 3.The Joint Secretary, Road Construct Department, Govt. of Bihar, Vishwesaraiya Bhawan, Patna. 4.The Deputy Secretary, Road Construction Department, Govt. of Bihar, Vishwesaraiya Bhawan, Patna. ----------- 4 18/1/2010 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application reads as follows:- “(I)To issue an appropriate writ, order or direction for quashing the continuance of the departmental proceeding as against the petitioner after the lapse of more than 18 months after the order passed by this Hon’ble Court on 28.2.2002 in C.W.J.C. No.3056 of 2002. (II)To issue further appropriate writ order or direction for quashing the resolution as contained in memo no.497(S0 dated 19.1.2002 issued by Joint Secretary, Road Construction Department, wherein in spite of the finding of no guilt recorded by the Conducting Officer a further inquiry has been entrusted to the Departmental Investigation Commissioner. (III)To issue an appropriate writ, order or direction to commanding the respondents to pay full salary of the petitioner for the period from 22.6.2000 to 6.7.2002 and also direct the respondent to 2 pay annual increment held up on account of pendency of the departmental proceeding.” Counsel for the State would point out that the departmental proceeding was already in progress in the year 2004 and the Departmental Enquiry Commissioner was entrusted the task to conclude the departmental proceeding. Counsel, however, is not aware as to the present position of the departmental proceeding. Absence of counsel for the petitioner and the relief sought for in this writ application pertaining to the departmental proceeding of the year 2003 which was also said to be in progress before the Departmental Enquiry Commissioner in 2004 appear to be indicative of the fact that the proceeding has already been completed. That being so, this application has become infructuous and is dismissed accordingly. Abhay Kumar (Mihir Kumar Jha, J.)