IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1084 of 2009 Raj Mangal Ram s/o late Ram Govind Ram, r/o village – Barahi Jagdish, P.S. Purnahia, Distrit -Sheohar … Appellant Versus 1. The State Of Bihar 2. Commissioner cum Secretary, Deptt. Of Personnel & Administrative Reforms, Govt. of Bihar, Patna 3. Commissioner cum Principal Secretary, Deptt. Of Transport, Govt. of Bihar, Patna 4. Divisional Commissioner, Patna Division, Patna ………… Respondents ----------- For the appellant: Mr. Abhinav Shrivastava, Mr. Rakesh Ranjan, Advocates For the State: Mr. P.Tekriwal, GA I --- 3 16/2/2010 In this intra – court appeal the challenge is to the order dated 3.7.2009 passed by the learned Single Judge in CWJC. No.7372 of 2009, whereby the learned Single Judge has declined to interfere with the order of suspension on the ground that a criminal case, namely, Vigilance P.S. Case no.52 of 2006 has been registered against him and the trial is pending. In our considered opinion, when a criminal case has been instituted and the same is pending this court cannot pass an order for revocation of suspension. The said proposition of law has been succinctly stated by the Apex Court in State of 2 Rajasthan vs. B.K. Meena and others, AIR 1997 SC 13. In view of the aforesaid, the order passed by the learned Single Judge, being impeccable, is concurred with and as a result the appeal has to pave the path of dismissal which we direct. Neyaz/ (Dipak Misra, CJ.) (Ramesh Kumar Datta, J.)