IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17150 of 2008 KUSHUM KUMARI PANDEY (ASSISTANT TEACHER), D/O SRI BABAN DIXIT, R/O VILLAGE-KHUDRA, P.S.- NAVTAN, DISTRICT-SIWAN AT PRESENT POSTED AS SUSPEND TEACHER PRIMARY SCHOOL, MANJHA BHAIRWAR, DISTRICT-SIWAN. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, PRIMARY AND SECONDARY EDUCATION, BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY AND SECONDARY EDUCATION, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, SIWAN. 5. THE SUPERINTENDENT OF EDUCATION, SIWAN. 6. THE BLOCK EDUCATION OFFICER, SIWAN. 7. THE DRAWING AND DISBURSING OFFICER, PRIMARY SCHOOL, MANJHA BHAIRWAR (SIWAN). ………………RESPONDENTS. ----------- 2 18.08.2010 From Annexure-6 dated 05.06.1986, it appears that the petitioner was suspended on account of having produced forged certificate and also on account of a criminal case having been filed against her. By the order her Headquarter was fixed and she was allowed subsistence allowance. Since then the petitioner continued under suspension. A counter affidavit has been filed and justification of the suspension has been sought to be made on the ground of criminal case pending against the petitioner. Learned counsel for the petitioner submits that the criminal case has already ended in acquittal. 2 Learned counsel for the State informs this Court that the complainant has filed a revision in this Court against the said order of the acquittal which is pending. Be that as it may, in law, petitioner could not be kept under suspension without proceeding and only in the light of the criminal case pending against her, if the petitioner had not opted for the same. The respondents were required to initiate a departmental proceeding against her and pass appropriate orders if they intended to take action against the petitioner affecting her service. They have not done so for several years. Therefore, this writ application is disposed of with a direction to the respondents to initiate and/or conclude the proceeding against the petitioner positively within three months from the date of receipt/production of a copy of this order. It is made clear that, in case, the proceeding is not finally concluded within the aforesaid period, for no fault of the petitioner, the order of suspension, as contained in Annexure-6, shall stand quashed 3 and the petitioner shall stand restored in service with all consequential benefits. Arvind/ ( J. N. Singh, J.)