IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10206 of 2006 MAHENDRA RAI Versus THE STATE OF BIHAR & ORS ----------- 03 25.08.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has superannuated on 28.02.2004, by virtue of the same, the order of suspension has lost its effect which was passed way back in the year 1998. The suspension order was in anticipation of departmental enquiry. But according to the petitioner no enquiry was held all though he was asked to appear before the Cane Commissioner on a couple of occasion and filed show cause but, ultimately what happened to the so called contemplated enquiry is not known to the petitioner. Learned counsel appearing on behalf of the respondent’s Sugar Corporation is not in a position to either accept or rebut the statement made in the writ application, in view of the present state of total disarray which is prevailing in the sugar corporation. Be that as it may, two things are obvious that the petitioner was suspended in anticipation holding a departmental enquiry but no final order in terms of the said so called enquiry ever came to be passed. If that is so, then the petitioner would be 2 treated to have superannuated in due course on attaining the age of retirement. His suspension too would deemed to have to come to an end. With the above stated position the petitioner now, if so advised, may claim his retiral dues or other dues. Accordingly, this writ application disposed of with above observation. Sym/ (Ajay Kumar Tripathi, J.)