IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 9754 of 2009 Anil Kumar Jha, son of Shri Govind Jha, Assistant (suspended), Bihar Sanskrit Shiksha Board, Patna, permanent resident of Village – Basawan Patti, P O – Basawan Patti, P S – Karjain Bazar, District – Supaul - Petitioner Versus 1 The State of Bihar through the Principal Secretary, Human Resources Development Department, Gvoernment of Bihar, Vikash Bhawan, Patna 2 The Principal Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna 3 The Special Director, Secondary Education, Government of Bihar, Vikash Bhawan, Patna 4 The Bihar Sanskrit Shiksha Board, Patna through its Secretary 5 The Chairman, Bihar Sanskrit Shiksha Board, Patna 6 The Secretary, Bihar Sanskrit Shiksha Board, Patna - Respondents *** For the petitioner : M/s Pramod Mishra & Prafull Chandra Thakur, Advocates For the Board : Mr Awadhesh Kumar *** 3 11.09.2009 The petitioner is an employee of the Sanskrit Shiksha Board. He was suspended on 06.06.2007 pending departmental proceedings. Petitioner has come to this Court challenging his continued suspension on the ground that having been suspended for more than 2 years without the departmental proceedings being concluded, the suspension now becomes mala fide in law. The matter related to Patna itself. It was adjourned for the learned counsel for the Board to seek instructions and to file comprehensive counter affidavit so that the matter may be disposed of at the stage of admission itself. The learned counsel for the Board submits that the only instruction received is that the departmental proceedings are being carried out and would take about 6 months to conclude. - 2 - Having considered the matter, in my view, the Department cannot be given luxury of protracted litigation keeping an employee suspended in definitely. Two years’ period was sufficient for this purpose. Department should have concluded the proceedings. Having not been in a position to conclude the proceedings in such a long time, continuance of suspension would be an abuse of process. It would be mala fide in law. It is, accordingly, quashed. The petitioner would be deemed to be in service for all purposes. However, the departmental proceedings will continue without any prejudice to the rights of either party. The writ application is, accordingly, allowed. M.E.H./ (Navaniti Prasad Singh)