IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 8755 of 2009 Md Wasimuddin, son of late Salimuddin, resident of Mohalla/ Village – Mullahaleem Khan, P O – Lalbagh, P S – Laheriasarai, Dist – Darbhanga - Petitioner Versus 1 The State of Bihar 2 The Industrial Development Commissioner, Industrial Department, Bihar, Patna 3 The Director, Industries Department, Government of Bihar, Patna 4 The Chairman, Bihar Industrial Development Authority, Patna 5 The Managing Director, Bihar Industrial Department Area Authority, Udyog Bhawan, Gandhi Maidan, Patna 6 The Secretary, Bihar Industrial Area Development Authority Bhawan, Patna 7 The Executive Director, Regional Office, Bihar Industrial Area Development Authority, Muzaffarpur ----------- 2 28.07.2009 The petitioner was a Dealing Assistant in the Bihar Industrial Area Development Authority (BIADA). For charges of gross inefficiency, proceedings were drawn up against him and he was dismissed. This Court set aside the dismissal order on the ground that no procedure, as contemplated under law, had been followed. BIADA has once again taken up the matter and petitioner has been put under suspension once again and departmental proceedings have been initiated on the same charges. Petitioner submits that suspension is mala fide. He submits that once the punishment, as awarded, was set aside by this Court then suspending the petitioner on the same charges cannot be sustained. Having heard the learned counsel for the petitioner, I am not inclined to entertain this writ application for granting any relief therein. The charges for which petitioner was proceeded in substance of gross inefficiency and misconduct are not such minor issues for which 2 the authorities could not suspend the petitioner pending departmental enquiry. It is well established in service jurisprudence that mere suspension pending departmental enquiry is no punishment. However, considering the fact that enquiry has already been initiated, it is expected that the same would be concluded within a period of 4 months subject to petitioner’s cooperating. If enquiry is not concluded within a period of 4 months, the suspension order would stand revoked but the proceedings would continue. With this observation, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)