IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6419 of 2009 PRABHAT KUMAR PANKAJ, SON OF LATE JAGDISH THAKUR, RESIDENT OF VILLAGE + P.O.-JAYNAGAR, P.S.-JAYNAGAR, DISTRICT-MADHUBANI. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. THE DIRECTOR ADMINISTRATOR-CUM-JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, DARBHANGA DIVISION, DARBHANGA. ----------- 2 20/5/2009 Heard counsel for the petitioner and counsel for the State. Grievance of the petitioner in this writ application is confined to initiation and completion of a departmental proceeding pursuant to the memo of charge dated 3.10.2008. This Court is really amazed with the approach of the Departmental Enquiry Commissioner who has passed an order on 26.2.2009 as if he was superior in authority to the State Government. The Departmental Enquiry Commissioner should have realized that he had been appointed by the State Government to conduct departmental proceeding as an enquiry officer and his brief was confined to that extent only. He had no business to start questioning the authority of the Government and inasmuch as if 2 earlier any parallel enquiry was entrusted to a subordinate authority that would be deemed to have been withdrawn, the moment the Government had entrusted such enquiry to the Department Enquiry Commissioner. In the opinion of this Court the evasive and defiant approach of the Departmental Enquiry Commissioner needs to be condemned. At the same time this Court would also direct the Director of the Primary Education to see that each and every enquiry against the petitioner, which is subject matter of memo of charge dated 3.12.2008, if entrusted earlier to any subordinate authority must be withdrawn as he would no longer be empowered to conduct the enquiry after the Departmental Enquiry Commissioner has been appointed to conduct the enquiry in question with regard to the petitioner. That being so, the Departmental Enquiry Commissioner is hereby directed to ensure that the said enquiry is concluded within a period of six months. With the aforesaid observations and directions this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)