IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10971 of 2009 BIRENDRA NATH JHA, SON OF SHRI MAHAVIR JAH, RESIDENT OF VILLAGE POTHIA, P.S. KIKTY(BARDAHA), DISTRICT ARARIA, AT PRESENTLY RESIDENT OF MOHALLA SHIVPURI, WARD NO.9 P.S. ARARIA, DISTRICT ARARIA---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT BUILDING, PATNA. 2. THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, VIKAS BHAWAN, PATNA. 3. THE JOINT SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, VIKAS BHAWAN, PATNA. 4. THE DEPUTY SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, VIKAS BHAWAN, PATNA. 5. THE COLLECTOR, ARARIA. 6. THE ENQUIRY OFFICER-CUM-ADDITIONAL COLLECTOR, ARARIA. 7. THE BLOCK DEVELOPMENT OFFICER, ARARIA---RESPONDENTS. ----------- 02. 31.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the suspension order bearing Memo No. 23 dated 31.1.2009, Annexure-4 passed by the District Magistrate, Araria, whereunder he has been placed under suspension in contemplation of the departmental proceeding in terms of the provisions contained in the Bihar Government Servant(Classification, Control and Appeal) Rules, 2005. 3. It is submitted on behalf of the petitioner that in the light of the suspension order petitioner has been served with the memo of charge in Form-(ka) dated 8.4.2009, Annexure-5, perusal whereof indicates that he has been placed under suspension for transactions made in the co-operative society on 25.5.2007, 15.6.2007 and 21.8.2007 alleged to be fraudulent and irregular. In this connection, it is pointed out that petitioner was transferred from the office of Block Development Officer, Araria on 31.1.2007 and while he remained posted in the office of Block Development Officer, Jokihat, the transactions dated 25.5.2007, 15.6.2007 and 21.8.2008 were entered - 2 - into by the authorities including the subordinate staff in the office of the Block Development Officer, Araria for which petitioner cannot be held responsible in any manner as at the relevant time he was posted in Jokihat. Highlighting the aforesaid aspect petitioner has already filed written defence before the Inquiry Officer. 4. Let the Inquiry Officer consider the written defence filed by the petitioner in accordance with law and submit report to the disciplinary authority as early as possible, in any case within one month from the date of receipt/production of a copy of this order and thereafter the disciplinary authority should consider the inquiry report and pass final order within another three months. In the event, departmental proceeding is not concluded within the aforesaid four months and the delay is not attributed to the petitioner then the District Magistrate, Araria shall consider the desirability of revoking the suspension of the petitioner. In the event, the District Magistrate, Araria is not inclined to revoke the suspension of the petitioner then he shall be obliged to pass reasoned order within the same time. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)