IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12523 of 2008 RAMJEE PANDEY son of Late Nagina Pandey resident of Village Sansar Dehari, P.O.Kurur, P.S.Karakat,District Rohtas. Versus 1. THE STATE OF BIHAR through the Health Commissioner, Bihar, Patna. 2. The Director-in-chief, Health Service, Bihar, Patna. 3. The Regional Deputy Director of Health Service, Patna. 4. The District Magistrate, Rohtas. 5. 5. The Civil Surgeon-cum- Chief Medical Officer, Rohtas----------------------Responodents. ----------- 2/- 6.1.2009.. Heard counsel for the petitioner. No one appears on behalf of the State respondents. This application has been filed by the petitioner for quashing the order of suspension issued under Memo no.184 dated 30.1.2008. The order of suspension has been issued considering the allegation against the petitioner of obtaining government employment on the basis of fraudulent transfer order. Such allegation has been made against the petitioner after he has remained in service for more than 30 years. On perusal of impugned order it transpires that order of suspension was issued in contemplation of of departmental proceeding. Supplementary affidavit has been filed on behalf of petitioner stating that the departmental enquiry initiated against the petitioner on the charges framed regarding obtaining appointment on the basis of forged transfer order has now concluded. In the departmental proceeding charges were not proved as no evidence 2 either documentary or oral could be produced by the prosecutor. Inspite of that the suspension order has not been revoked. The petitioner is under suspension since January 2008 and he is going to retire from service on 31.1.2009. In view of the fact that the charges in the departmental proceeding could not be proved, it was obligatory on the part of respondents to revoke the order of suspension. Accordingly the order dated 30.1.2008 contained in Memo no.184 is quashed and this application is allowed. SSS ( Mridula Mishra, J.)