IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6791 of 2010 AWADHESH TIWARY S/O LATE GUPUT TIWARY R/O VILL AMKARI, P.O.AKHLASPUR, P.S.BHABUA, DISTT- KAIMUR(BHABUA). VERSUS 1. THE DISTRICT MAGISTRATE, KAIMUR-CUM-PRESIDENT , GOVERNING BODY SHAHEED SANJAY SINGH, MAHILA MAHAVIDYALAYA , BHABUA, KAIMUR 2. THE SUB DIVISIONAL OFFICER-CUM-SECRETARY SHAHEED SANJAY SINGH MAHILA MAHAVIDYALAYA , BHABUA, KAIMUR 3. THE GOVERNING BODY SHAHEED SANJAY SINGH MAHILA MAHAVIDYALAYA , BHABUA, KAIMUR THROUGH ITS SECRETARY 4. THE PRINCIPAL SHAHEED SANJAY SINGH, MAHILA MAHAVIDYALAYA BHABUA, KAIMUR, INTERMEDIATE WING. ----------- Counsel for the Petitioner : Mr. Udya Bhan Singh, Adv. ---------- 03 24.08.2010 By order dated 29.06.2010 notices were issued to all the respondents in this case being respondent nos.1 to 4. Office report is that notices have been validly served. In spite of that no one has appeared to oppose this writ petition much less filed a counter affidavit. Heard learned counsel for the petitioner. Petitioner was the Head Assistant in Saheed Sanjay Singh Mahila Mahavidyalaya, Bhabua, Kaimur. The said college is managed by a governing body of whose Chairman is the District Magistrate and the Secretary is the Sub Divisional Officer. It appears on some report made to the District Magistrate in the capacity of Chairman against the petitioner and the Principal of the said College, the District Magistrate ordered the Sub Divisional Officer, who is the Secretary of the - 2 - governing body, issued suspension order of the Principal and the petitioner. It is stated by the petitioner that this suspension order neither issued by the governing body nor at the approval of the governing body nor has it approved by the governing body till date. This suspension order was issued in the year 2003 till date neither any departmental proceedings have been initiated against the petitioner nor the suspension order has been revoked. Petitioner has thus challenged the same. Petitioner has brought on record that the Principal of the College, who has similarly suspended had come to this Court in C.W.J.C. No.11036 of 2003, which was allowed on 07.05.2004, wherein the suspension order was quashed and the Principal was reinstated on the same terms which was occupied by him before his suspension. Having considered the matter, in absence of any counter affidavit or opposition to the writ petition, the facts as stated therein, must be accepted as correct. The facts, thus, are that in the year 2003 petitioner has been suspended but till date neither the suspension order has been revoked nor any departmental proceeding started. Seven years have gone up, the suspension has not been approved by the governing body nor does it have the sanction of the governing body. In that view of the matter, I am left with no option but to quash the order of suspension, as contained in Annexure-6, being Memo No.473 dated 11.09.2003 and direct reinstatement of petitioner with all consequential benefits, subject to the result of any departmental proceeding that may have been initiated. In case, on departmental proceeding has initiated till now and no charge sheet submitted on the - 3 - petitioner, it is too late to initiate one and, therefore, I prohibit the respondents from initiating any departmental proceeding at this late juncture. With the aforesaid observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)