IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 7817 of 2011 Lalit Narayan Mishra, son of late Sarva Lal Mishra, resident of village and P.O. – Rajeshwari, Via-Jadiya, P.S. – Chhatarpur, District – Supaul, ……………… Petitioner Versus 1. The State Of Bihar through the Principal Secretary, General Administration Department, Bihar, Patna 2. The Secretary, General Administration Department, Bihar, Patna 3. The Commissioner, Saran Division, Saran, Chapra …………….. Respondents ---------------------------------- 02. 24.11.2011 The prayer made in the present Writ Application by the petitioner is to quash the order of suspension passed way back on 20th of February, 2009, does merit consideration in view of the clear and categorical time-frame, which has been fixed by the State of Bihar by a legislation, which is known as Bihar Government Servant (CCA Appeal) Rules, 2005 and subsequent amendments thereto. It is evident from the material on record that though the respondents have served the charge-sheet upon the petitioner well within the time-frame, but the departmental proceeding has dragged on for little over two years now. Since the counter affidavit does not disclose as to the reason for such delay, whether it is attributable either to the petitioner or to the Enquiring Officer, therefore, no opinion on the reason thereof is being recorded by the Court in the present Order. It is, however, evident that one of the reason for delay seems to be the paucity of time or may be over-burdened office of the Commissioner of departmental enquiry, but that by itself cannot be a ground to permit a 2 government servant to continue in suspension for protracted period of time. The Court, looking at the allegations and the set of charges, would like to give final opportunity to the State Authorities that if they are serious with regard to the enquiry initiated against the petitioner, they must take it to its logical end within a time- frame now. Writ is disposed of with a direction upon the Commissioner Departmental Enquiry that whatever steps are required to be taken, will be taken to conclude the enquiry within a period of four months, which shall also include any final decision based on the finding, which emerges in the said enquiry. It will be in the interest of the petitioner to extend cooperation of meaningful kind in the said enquiry to maintain the time-frame fixed by this Court. Any failure will surely entitle the petitioner to claim reinstatement. Writ is disposed of with the above direction for strict compliance. SKM (Ajay Kumar Tripathi, J.)