IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12505 of 2010 1. RAM JANAM RAM S/O RAM BILAS RAM R/O VILL PHULWARIA, P.S. TANDWA, DISTT-AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE AURANGABAD 4. THE DEPUTY DEVELOPMENT COMMISSIONER AURANGABAD 5. THE B.D.O. RAFIGANJ, DISTT-AURANGABAD 6. THE DISTRICT PANCHAYAT RAJ OFFICER-CUM- ENQUIRY OFFICER AURANGABAD (MUSTAQUE AHMAD KHAN) ----------- 2 13.05.2011 From Annexure-7, it appears that the petitioner, a Panchayat Secretary, was suspended by the Collector, Aurangabad by his order contained in memo no.75 dated 13.09.2004. It is pleaded that though by the said order an Inquiry Officer was also appointed, till now the petitioner has not been even served with charge-sheet. Learned counsel for the petitioner submits that the enquiry has not been completed and no final orders have been passed on the same. The writ application was filed on 04.08.2010 with service of two copies of he same in the office of learned Advocate General. However, till today no counter affidavit has been filed. 2 Six years time is more than enough to conclude a departmental proceeding. If the departmental proceeding has not even been initiated by service of charge-sheet on the petitioner, there is no justification for keeping the petitioner under suspension. However, if the charges have been framed and have been served on the petitioner then also there is no justification in continuing the proceeding indefinitely. In the circumstances, if the charge- sheet has not been served on the petitioner till today, the said suspension order, as contained in Annexure-7, shall stand quashed and the petitioner shall be entitled to resume his duties and for payment of his full salary in accordance with law. However, if charge-sheet has been served on the petitioner and the inquiry is pending at any stage, the respondents are directed to complete the same positively within a period of four months from the date of receipt/production of a copy of this order, failing which again the suspension order shall stand quashed and the petitioner shall be entitled to resume his duties and for 3 payment of his full salary in accordance with law. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)