IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13331 of 2008 2 26.11.2008 Ganga Sharan, Son of Late Gajar Prasad, Resident of CC-56, People’s Cooperative Colony, Kankarbagh, P.S.Kankarbagh, District Patna VERSUS 1. The State of Bihar through Chief Secretary, Old Secretariat, P.S. Sachivalaya, Patna 2. The Secretary, Building Construction Department having his office is Vishwesharaya Bhawan, P.S. Shastrinagar, District Patna 3. The Joint Secretary-cum-Chief Vigilance Officer, Building Construction Department, Vishwesharaya Bhawan, P.S. Shastrinagar, District Patna ------- Heard learned counsel for the petitioner and learned counsel for the State. On going through the impugned order of suspension contained in Annexure-1 dated 12.6.2003, this Court finds that petitioner has been suspended on account of a decision to hold a departmental proceeding. The submission that since the resolution for departmental proceeding contained in Annexure-3 does not specify that the departmental proceeding has been ordered pursuant to Rule 17, hence the suspension is bad in law, has no merit. Annexure-3 also indicates that instead of summary procedure for minor punishment, a formal disciplinary proceeding has been instituted and a departmental enquiry has been ordered. Not mentioning the source of power in an - 2 - administrative order will not take away power of the employer to suspend the employee in contemplation of a departmental proceeding. In the facts of the case, this Court finds no illegality in the suspension order. The writ petition is, therefore, dismissed. If there is unusual delay in concluding departmental proceeding, the petitioner will always have a cause of action against such delay. sk (Shiva Kirti Singh,J.)