IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13392 of 2009 BALIRAM SINGH, Son of Late Radha Krishan Singh, resident of Village- Budduchak, P.s. Fatuha, District-Patna at present posted as Jan Sewak, Block Office, Bihta,Patna --- Petitioner Versus THE STATE OF BIHAR & ORS ----------- 2 14-10-2009 Heard the learned counsel for the petitioner and the State. The petitioner has been suspended by order dated 31.08.2009. Charges framed and served simultaneously. It is submitted that on 12.9.2009, the District Agriculture Officer has required the petitioner to complete the works in context of which suspension and the departmental proceedings have been ordered. Simultaneously he has been directed to deposit a sum of Rs.72,877/- with regard to works which are the subject matter of consideration in the departmental proceedings. It is submitted that the order of suspension is required to be withdrawn to enable the petitioner to complete the works. No recovery can be made till the departmental proceedings are not concluded. An additional submission is made with regard to the arrears of salary since January 2006 to April 2007 prior to the period of suspension and the departmental proceedings. Now, when the departmental proceedings have been initiated, it is apparent that no recovery can be effected from the petitioner with regard to the issues, which are the subject matter of consideration in the departmental proceedings unless it is concluded and appropriate orders in accordance with law passed. To that extent, the latter direction for deposit of the amount specified in the letter dated 12.9.2009 is not sustainable and - 2 - has to be kept in abeyance till the proceedings are not concluded. This Court is not persuaded that for the recitals, contained in the order dated 12.9.2009 , a legal right is created in the petitioner for recalling the order of suspension. It is for the departmental authorities to reconcile the suspension with the direction for completion of works. The Court leaves this aspect to the departmental authorities. In so far as the arrears of salary are concerned, liberty is given to the petitioner to represent. The Court requires the authorities to dispose off his representation with regard to the arrears of salary within a maximum period of 12 ( twelve ) weeks from the date of receipt/production of such representation by reasoned and speaking order and pay the admissible dues , if any, during the same period. In so far as the departmental proceedings are concerned, this Court directs the same to be concluded within six months. If it is not concluded within six months , the suspension shall stand revoked. This direction for revocation of the suspension subsequently shall be without prejudice to the liberty given to the disciplinary authority in the light of the aforesaid discussion in context of the order of suspension and the subsequent direction dated 12.9.2009 requiring him to complete the works. If the authority is of the opinion to revoke the suspension, the limitation of six months mentioned above shall not apply. The writ application stands disposed off. NKS/- ( Navin Sinha, J)