IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15935 of 2009 1. ABHIMANYU SINGH S/O LATE RAM JANAM SINGH VILL- KOBIL, P.S. ISLAMPUR, DISTT. NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-CUM-COMMISSIONER OF COMMERCIAL TAXES, BIHAR, VIKASH BHAVAN, BAILEY ROAD, PATNA 2. THE ADDL. COMMISSIONER OF COMMERICAL TAXES VIKASH BHAWAN, BAILEY ROAD, PATNA For the Petitioner : M/S S.D. Sanjay Gautam Kejriwal For the Respondents: M/S Lalit Kishore, AAGIII Anshuman Singh, AC to AAG III ----------- 2/ 23/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was placed under suspension under Rule 9(1)(a) of the Bihar C.C.A. Rules, 2005 in contemplation of a departmental proceeding. Learned counsel submits that the enquiry report in the departmental proceeding has been submitted in September, 2008, notwithstanding which the departmental proceeding remains inconclusive and no final orders are being passed leading to unnecessary harassment of the petitioner. He next submits that the suspension is resorted during pendency of departmental proceeding to ensure propriety and fairness in the departmental proceeding, both in so far as the department and the delinquent are concerned. Now that the enquiry report has been submitted, there is no justification for the continued suspension of the petitioner as it was a suspension in contemplation of 2 departmental proceeding. The writ application is disposed with directions to the Principal Secretary-cum-Commissioner of Commercial Taxes to ensure that the departmental proceedings are brought to an end within one month from the date of presentation of a copy of this order before him. This Court further directs the Principal Secretary to examine the records himself and if satisfied that there was no sufficient justification for keeping the same pending notwithstanding the submission of the enquiry report, he is directed to initiate departmental proceeding against those who may be found at fault leading to unnecessary litigation being generated. The same reasoning shall apply in so far as the issue of suspension is concerned. The Principal Secretary is also directed to examine the reasons why the suspension remained prolonged notwithstanding the submission of enquiry report, which is alleged not to be acted upon for no justifiable reason. If the Principal Secretary is satisfied that the suspension remained prolonged for no justified reason, this Court directs him to initiate similar action against those who kept the matter pending without any justified reason. Let the entire exercise be done both with regard to the petitioner and the official of the 3 department to the satisfaction of the Principal Secretary within a maximum period of two months from the date of receipt and/or production of a copy of this order. Quite apart from the issue of final orders on the departmental proceeding by the disciplinary authority, the Principal Secretary is directed to pass a reasoned and speaking order after due opportunity to the petitioner also on the directions given by this Court within the same period. AKS/ ( Navin Sinha, J.)