IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18261 of 2009 1. JAY DAYAL S/O LATE RAM NIHORA PRASAD R/O VILL- HARAJI POST OFFICE HARAJI, P.S. AVTARNAGAR, DISTT. SARAN. VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR OF SECONDARY EDUCATION GOVT. OF BIHAR, SECRETARIAT BUILDING, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION SARAN DIVISION, CHAPRA 4. THE DISTRICT EDUCATION OFFICER SARAN, CHAPRA 5. THE HEADMASTER ISHWARI HIGH SCHOOL, VILL & P.O. BASANT, P.S. GARKHA, DISTT. SARAN ----------- 03 22.07.2010 The petitioner on certain allegations was arrested on 04.02.2009. He was subsequently released. The department on coming to know that he had been arrested and he had not disclosed the same put him under suspension by order dated 07.07.2009. It may be noted that a counter affidavit has been filed wherein it has been accepted that though the petitioner had not informed anyone in the department regarding his arrest, he had duly informed the Regional Director of Education about his arrest. The petitioner has filed this writ application for quashing the order of suspension on the ground that even though more than a year has elapsed neither any departmental proceeding has been initiated nor charges framed nor charges served. By order dated 22.04.2010 this Court had directed the State to file a counter affidavit specifically on these issues. A counter affidavit has been field today in which it is not denied that as yet a departmental proceeding is in contemplation but on what charges - 2 - is not yet known. In that view of the matter, I am left with no option but to quash the suspension of the petitioner which cannot continue indefinite period much less against the provisions of the relevant rules. This will however not come in way of respondents in taking such action as they may advised and permissible in law. The writ application is allowed. Trivedi (Navaniti Prasad Singh, J.)