IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11258 of 2010 1. SACHINDRA NATH JHA S/O LATE JAGDISH NARAYAN JHA R/O VILLAGE & P.O.- THENGHA, P.S.- SAKATPUR, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF BIHAR 2. THE DIRECTOR, DIRECTORATE OF LAND RECORDS & SURVEY, DEPARTMENT OF REVENUE, GOVERNMENT OF BIHAR ----------- 02. 13.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. On allegations of alleged illegal gratification Vigilance Case No. 18 of 2008 came to be instituted against the petitioner when he was taken into custody also. He is stated to have been enlarged on bail. The order of suspension was issued on 5.1.2009 under Section 9 (1) (c) of the Bihar Government Servant (Classification Control and Appeal) Rules, 2005 (hereinafter called the Rules). The suspension order simultaneously stated that departmental proceedings were also contemplated against the petitioner. Learned counsel for the petitioner urges that charges not having been framed within a period of three months, and the petitioner having questioned the continuation of the suspension before charges have been framed, the suspension is required to be revoked under Rule 9 (7) of the Rules. Had the suspension not been under Section 2 9 (1) (c) of the Rules, this Court may have found substance in the contention of the petitioner. If an order contains more than one ground and one of the grounds is held to be bad, but the other ground is sustainable and the two can be separated, that shall not vitiate the entire order. This Court, therefore find it difficult to set aside the suspension issued under Rule 9 (1) (c) of the Rules, in view of the Full Bench Judgment of this Court reported in 2009 (4) P.L.J.R. 272 (THE STATE OF BIHAR & ORS. Versus GYAN KUMAR RAM). Learned counsel next submits that in any event, the authorities are required to conclude the departmental proceedings expeditiously within a period of six months under Government circulars. Learned counsel for the State has no objection to the disposal of the writ application with appropriate direction to the respondents to complete the departmental proceedings within a maximum period of six months from the date of receipt/production of a copy of this order before them provided the petitioner himself co-operates. In event of non-cooperation by the petitioner, the authorities shall be at liberty to proceed ex-parte also, if necessary to conclude the 3 departmental proceeding within the time fixed. In that event, they shall be required to record in writing detailed reasons of the facts and circumstances in which the ex-parte enquiry was required to be held with adequate discussion of the attempts and efforts made to persuade the petitioner to participate, but that he adamantly refused to participate. The application stands disposed. P.K. (Navin Sinha, J.)