IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3058 of 2009 SANJIVAN CHOUDHARY Versus THE STATE OF BIHAR & ORS ----------- 2 6/3/2009 Heard counsel for the petitioner and counsel for the State. In the opinion of this Court, the impugned order of suspension passed on the ground which is based on alleged misconduct to be gone into in a departmental proceeding, cannot be interfered by this Court at this stage especially when the order of suspension dated 18.2.2009 itself contemplates initiation of such a departmental proceeding. The order of suspension, however, cannot be allowed to be continued for an indefinite period and therefore this Court would expect the disciplinary authority to also frame the charge and serve the same on the petitioner within a period of four weeks from the date of receipt/production of a copy of this order. On framing of such charges against the petitioner, he will file his written statement of defence before the enquiry officer within a period 2 of next four weeks and the enquiry officer will ensure that the enquiry report after conducting the enquiry is submitted to the disciplinary authority of the Government within a period of next four months whereafter a final decision must be taken within a period of two months from the date of receipt of the enquiry report. All these actions will only be required if the Government finds that the charges are to be framed against the petitioner, but if the disciplinary authority finds that for the alleged misconduct no charges can be framed against the petitioner, an order be passed revoking the suspension within a period of six weeks from the date of receipt/production of a copy of this order. With the aforementioned observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar