IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15638 of 2008 YOGENDRA PRASAD YADAV Versus MAGADH UNIVERSITY & ORS ----------- 2. 27.04.2009 Heard learned counsel for the petitioner and the State. The petitioner was placed under suspension by an order dated 28.11.2007 on grounds of indiscipline and use of intemperate language. Departmental proceedings were also initiated. He came to this Court in CWJC No. 1993 of 2008. On 29.1.2008 this Court quashed the order of suspension but directed that the departmental proceeding shall continue. On 15.4.2008 the charges against the petitioner have been amended. In the amended charge also the allegation with regard to indiscipline and use of intemperate language relate to the same period which was the subject matter of consideration by this Court in CWJC No. 1993 of 2008. In pursuance of the amended charge, the petitioner has again been placed under suspension by order dated 30.9.2008 on grounds of indiscipline and use of intemperate language. Alteration of charges in a departmental proceeding is permissible. A fresh order of suspension, may also in view of the altered nature of charges be declined interference by the Court. But in the facts and circumstances of the case, this Court is satisfied that the amended charges contain no material to justify the fresh order of suspension. 2 The order of suspension dated 30.9.2008 is, accordingly, set aside, as the petitioner cannot be suspended twice on the same ground. The observation and directions contained in CWJC No. 1993 of 2008 shall continue to apply with equal force in context of the departmental proceeding against the petitioner on amended charges which is now required to be concluded expeditiously in accordance with law. Learned counsel for the petitioner submits that he has not been paid his salary even after suspension order was quashed on the previous occasion. Counsel for the University submits that if there is an order of this Court setting aside the suspension, the question of non-payment of salary does not arise. The writ application is disposed. AKS/ (Navin Sinha, J.)