IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5103 of 2010 1. SURESH PRASAD SAH S/O LATE DOMA SAH R/O MOHALLA- CHANDPUR BELA, P.S.- JAKKANPUR, PATNA, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER - CUM - SECRETARY INDUSTRY DEPARTMENT, GOVT. OF BIHAR, VIKASH BHAWAN, SACHIVALAYA THANA, PATNA 2. THE BIHAR STATE KHADI AND VILLAGE INDUSTRIES BOARD MAHESH BHAWAN, EAST GANDHI MAIDAN, P.S.- GANDHI MAIDAN, PATNA, DISTT.- PATNA, THROUGH ITS CHIEF EXECUTIVE OFFICER 3. THE ADMINISTRATOR-CUM-PRINCIPAL SECRETARY INDUSTRIES DEPARTMENT, BIHAR, PATNA 4. THE CHIEF EXECUTIVE OFFICER BIHAR STATE KHADI AND VILLAGE INDUSTRIES BOARD, MAHESH BHAWAN, P.S.- GANDHI MAIDAN, PATNA, DISTT.- PATNA 5. THE DEPUTY CHIEF EXECUTIVE OFFICER BIHAR STATE KHADI AND VILLAGE INDUSTRIES BOARD, EAST GANDHI MAIDAN, P.S.- GANDHI MAIDAN, PATNA, DISTT.- PATNA 6. THE INCHARGE, DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICER BIHAR STATE KHADI AND VILLAGE INDUSTRIES BOARD, FORT AREA MUNGER, P.S. KOTWALI, DISTT.- MUNGER ----------- 2/ 30.03.2010 Heard learned counsel for the parties. Petitioner is an employee of Bihar State Khadi and Village Industries Board, hereinafter referred to as the Board . He is aggrieved by the suspension order dated 09.06.2009, Annexure-7, as according to him the proceeding initiated in the light of the suspension order is wholly misconceived as the charges levelled against him are not established from the documents of the Board itself, produced before the authorities along with the show-cause reply of the petitioner. This Court is not inclined to go into - 2 - the correctness or otherwise of the submission made on the basis of documents produced before the authorities of the Board. It is the task of the Enquiry Officer and the disciplinary authority to consider the said submission. Accordingly, this writ petition is disposed of with a direction to the Enquiry Officer and the Disciplinary authority to conclude the departmental enquiry as early as possible in any case within three months from the date of receipt/production of a copy of this order. Meanwhile, the petitioner is entitled for the arrears of salary, if any due, prior to issue of suspension order dated 09.06.2009 (Annexure-7) as also the arrears of subsistence allowance for the suspension period which should be paid within a period of one month from the date of receipt/production of a copy of this order. It is made clear that if the proceeding is not concluded within the aforesaid period, the suspension of the petitioner shall stand revoked after expiry of three months. It is further made clear that in the event the petitioner does not cooperate in the departmental proceeding, it is open for the enquiry officer/disciplinary authority to conclude the proceeding ex parte . ( V. N. Sinha, J ) BTiwary/