IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13355 of 2009 DR.RAKESH KUMAR PANJIYAR Versus THE STATE OF BIHAR & ORS ----------- 2/ 14/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was taken into custody in pursuance of allegations of illegal gratification when he was suspended. After release on bail he joined when he has again been suspended on that very date in accordance with law. Charges have been framed against him within time. Learned counsel for the petitioner submits that he is not being supplied documents to enable him to defend himself properly in the departmental proceedings. If a delinquent in a departmental proceedings asks for specified documents the authorities are required to make him available the necessary documents to enable him to defend himself properly. If the authorities are of the opinion that the documents are not germane to the enquiries, they are at liberty to pass appropriate orders. If documents are asked for , non-supply of the same without reasons that they are not germane may vitiated a departmental enquiry. If the petitioner asks for specified documents, 2 the same is required to be considered by the respondents in the manner discussed above. The petitioner is stated to be under suspension since 26.12.2007. He is right in his submission that the criminal trial is likely to take an inordinately long period of time and there is no justification to keep him under continued suspension in a departmental proceeding. This Court directs that if the departmental proceeding is not concluded within a period of six months, for reasons not attributable to the petitioner, the respondents shall be obliged to reconsider the issue of suspension keeping in mind that criminal trials are inordinately delayed. It goes without saying that while the petitioner remains under suspension he is entitled to his subsistence allowance including any enhancement thereof in accordance with law prescribed in Rule-97 of the Bihar Service Code which must be complied with within a maximum period of one month from the date of receipt/production of a copy of this order before the concerned respondent. The writ application stands disposed. KC ( Navin Sinha, J.)