IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14837 of 2010 DR.BANWARI LAL s/o late Shivdaahri Baitha, resident of village- Bindusar,P.S. Muffasil,District- Siwan. Versus 1. THE STATE OF BIHAR represented through the Chief Secretary,Govt. of Bihar, Patna. 2. The Principal Secretary, Department of Health, Government of Bihar, Patna. 3. Joint Secretary to the Government, Department of Health, Government of Bihar, Patna. 4. Deputy Secretary to the Government, Department of Health, Government of Bihar, Patna. ----------- 2 12.10.2010 The petitioner was allegedly caught red handed while accepting illegal gratification on 25.1.2006.For the said act, a Vigilance Case was instituted as also the departmental proceeding and the petitioner was put under suspension. In the departmental proceeding, the petitioner filed his show cause and it proceeded . So far as criminal case is concerned, phenolphthalein powder was sent for chemical examination and allegedly did not show petitioner guilty. On strength of that the petitioner moved the departmental authority for dropping the departmental proceeding. The enquiry officer concluded his enquiry by his order dated 2.3.2007 and filed his recommendation to the Secretary, Department of Health and Family Welfare. The matter has been lying there. In the meantime, the proposal was sent for revocation of suspension of the petitioner and ultimately the matter was put up before the Chief Secretary, who by his order dated 10.2.2010 clearly 2 opined that the matter was too serious to drop in this manner. He directed that suspension would not be revoked and the departmental proceeding must be concluded at the earliest without waiting for the criminal case. This order has the approval of Chief Minister also. The petitioner has come challenging his continue suspension and the departmental proceeding. In my view, as the Chief Secretary has already ordered for conclusion of the departmental proceeding, which had already been initiated and it was pending, this case does not call for any interference at this stage but I would only like to clarify that Inquiry Officer has submitted his report it is now proper to the disciplinary authority and rather the disciplinary authority is bound to take a final decision in the matter and conclude the departmental proceeding at the earliest .The departmental proceedings are proceedings independent of the criminal proceeding cannot be kept pending because of the criminal proceedings. I accordingly direct the Secretary of the Department of Health and Family Welfare, Govt. of Bihar to take necessary steps to conclude the departmental proceedings, which were initiated in the Year 2006 expeditiously preferably within a period of three months from the date of production of a copy of this order before him. With the aforesaid observation and direction, the writ application is disposed of. Namita ( Navaniti Prasad Singh, J.)