IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8232 of 2008 JITENDRA KUMAR @JITENDRA KR.SI Versus THE STATE OF BIHAR & ORS ----------- 2. 21.4.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner was placed under suspension on 9.2.2007 and memo of charges issued. The grievance is that despite the petitioner having submitted his reply the departmental proceeding remain inconclusive and the petitioner continues to remain under suspension for an unreasonably long period of time. The writ application is disposed off with a direction that the departmental proceeding be concluded within a maximum period of four months from the date of receipt and/or production of a copy of this order. In the event that the departmental proceeding is not concluded within that period, the suspension shall stand revoked when the departmental proceeding shall continue. The time period shall apply provided the petitioner himself cooperates. In the event of lack of cooperation from the petitioner, the authorities shall be at liberty, if necessary, to proceed ex parte also, but only after recording in writing the reasons of their satisfaction of the need to do so. The payment of subsistence allowance is a statutory obligation. If there be any arrears of subsistence allowance, the same is required to be paid forthwith upon presentation and/or receipt of a copy of this order, failing which it may invite disciplinary action against those concerned for non-implementation of the statutory obligations. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)