IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1917 of 2011 ====================================================== Sheo Dayal Verma, son of Late Yadunandan Verma, Resident of Mohalla- 3/38, Rajendra Nagar, Police Station-Kadamkuan, District-Patna .... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Principal Secretary, Health Department, Government of Bihar, Patna 3. The Joint Secretary, Health Department, Government of Bihar, Patna 4. The Director (Indigenous Medicine) Health Department, Government of Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : M/S.Gajanan Arun & Manoj Kr. Upadhyaya For the Respondent/s : Mr. Prashant Kumar,AC to GP1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 2 18-08-2011 Learned counsel for the petitioner submits that the petitioner has been suspended again by order dated 19.12.2008 in contemplation of departmental proceedings after revoking his earlier suspension pursuant to his having been sent to jail after a criminal case was lodged against him. It is submitted that the charge memo in the departmental proceedings has been issued on 5.10.2010 and even after so much delay the departmental proceedings have not been concluded. Patna High Court CWJC No.1917 of 2011 (2) dt.18-08-2011 2 Learned counsel for the petitioner prays that the suspension order against the petitioner be directed to be revoked in view of the delay caused in submitting the charge memo and concluding the departmental proceedings, whereas under the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005, the charge memo has to be given within a maximum extended period of seven months. Since the petitioner has approached this Court after the charge memo has already been issued the benefit of Rule 9 in this regard cannot be given to the petitioner and the order of suspension cannot be held to have been automatically revoked thereby. However, since the petitioner has been again placed under suspension in contemplation of departmental proceedings by an order dated 19.12.2008, it is incumbent upon the respondent authorities to ensure that the departmental proceedings are concluded expeditiously. The writ application is accordingly disposed of with a direction to the respondent authorities to conclude the departmental proceedings within six Patna High Court CWJC No.1917 of 2011 (2) dt.18-08-2011 3 months from the date of receipt/production of a copy of this order. The respondent authorities may proceed ex- parte in the matter in case the petitioner does not co- operate with them. S.Pandey/- (Ramesh Kumar Datta, J)