IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7345 of 2001 AWADH NARAIN SINGH Versus THE STATE OF BIHAR & ORS ----------- 3. 15.09.2008 Heard learned counsel for the petitioner and the State. The petitioner was suspended on 28.3.1998 when departmental proceedings were initiated against him for unauthorized absence. A prolonged suspension for two years and five months led the petitioner to file CWJC No.7378 of 2000 when by order dated 14.8.2000 the same was revoked with directions for full salary from the date of revocation of the suspension. It appears that thereafter the Enquiry Officer submitted the report of exoneration in absence of appearance of the prosecution witnesses and lack of evidence. The disciplinary authority then proceeded to differ with the same and imposed the punishment of black mark and that nothing beyond the subsistence allowance shall be payable for the period of suspension. Learned counsel for the State submitted that the petitioner had preferred an appeal on 27.4.2001 and without awaiting the disposal of the same, has rushed to this Court in this writ application. But he is unable to explain why the appeal has remained pending till date. In this writ application filed in June,2001, this Court, in the month of September,2008, after the parties had completed their pleadings, and the writ application has remained pending before this - 2 - Court, is not persuaded to decline interference on that ground, more particularly when for irregularities in the conduct of the departmental proceedings the respondents alone are to be blamed. In absence of a second show cause notice from the disciplinary authority for his reasons of difference of opinion with a report of exoneration in the departmental proceedings, if there was a departmental enquiry in accordance with law, this Court finds it difficult to sustain the order of punishment. The order dated 24.4.2001 is accordingly set aside. The petitioner is entitled to full salary for the period of suspension to be paid to him within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands allowed. HR ( Navin Sinha )