IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15172 of 2009 1. MANOJ KUMAR S/O MOTICHAND LAL R/O KADAM KUAN, SOUTH OF CONGRESS MAIDAN, P.S.- KADAM KUAN, DISTT.- PATNA BIHAR, POSTED AS CIRCLE OFFICER (UNDER SUSPENSION), TARAIYA CIRCLE (SARAN) WITH PRESENT HEADQUARTERS IN THE OFFICE OF THE COMMISSIONER, TIRHUT SUB DIVISION, MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE UNDER SECRETARY, DEPTT. OF PERSONNEL AND ADMINISTRATIVE REFORMS, BIHAR, PATNA 2. THE ADDITIONAL SECRETARY, DEPTT. OF WORKS AND ADMINISTRATIVE REFORMS BIHAR, PATNA 3. THE COMMISSIONER, TIRHUT SUB DIVISION MUZAFFARPUR, BIHAR 4. THE COLLECTOR CUM DISTRICT MAGISTRATE, SARAN, CHAPRA, BIHAR 5. THE ADDITIONAL COLLECTOR, SARAN CUM CHAIRMAN BIHAR ADMINISTRATIVE SERVICES ASSOCIATION, DISTRICT UNIT, CHAPRA ----------- For the Petitioner: - Mr. Ashutosh Kumar, Adv. Mr. Chandra Mohan Jha, Adv. For the State:- Mr. Ranjan Kumar, AC to AAG-9 ------------------ 2. 26.11.2009 Heard learned counsel for the petitioner and the State. The petitioner has been placed under suspension by an order dated 5.10.2007. The order being under Rule 9(1)( c), this Court finds no merit in the contention that though departmental proceedings have commenced, there is no justification for the continued suspension. The allegations are of having been caught red handed accepting illegal gratification leading to a vigilance case. Learned counsel for the petitioner next submits that the suspension has been prolonged, his case for enhancement of the subsistence allowance under Rule 96 of 2 the Bihar Service Code is still pending consideration. The writ application is disposed with direction that the departmental proceedings be expedited and concluded preferably within a period of six months provided the petitioner himself co-operates. In so far as the provisions of Rule 96 of the Bihar Service Code are concerned, let an appropriate decision in that regard be taken within a maximum period of six weeks from the date of receipt/production of a copy of this order. The writ application is dismissed but with directions on the latter issue. P. Kumar (Navin Sinha, J.)