WP(C) 4763/2008 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. B. Sinha, learned counsel for the petitioners as well as Mr. F .U. Borbhuya, learned counsel for the respondent Nos. 6 and 7. I have also heard Mr. U.K. Goswami, learned Standing counsel, Education Department. This writ petition has been filed for a direction to the respondents to take app ropriate action against the respondent No. 6 who is the Headmaster of Pabhijuri L.P. School. According to the petitioners the said respondent No. 6 has committe d manifold irregularities in running the school particularly, in respect of midd ay meal. It appears that a criminal case was also registered against the respond ent No. 6 pursuant to which he was placed under suspension. In the additional af fidavit filed by the respondent No. 2, inter alia it has been stated that the re spondent No. 6 although was placed under suspension, but subsequently has been r einstated in service without prejudice to the departmental proceeding initiated against him. In paragraph-5 of the said affidavit, it has been sated that the pa y and allowance of the respondent No. 6 was held up till finalisation of the dep artmental proceeding. However, on the basis of the reply furnished by the respon dent No. 6 and the enquiry report submitted by the Sub-Inspector of Schools, the departmental proceeding initiated against the said respondent has been temporar ily stayed vide order dated 11.06.07. A departmental proceeding is either continued and/or dropped on the basis of the materials and the stand of a delinquent. But in the instant case, the proceedi ng initiated against the respondent No. 6 has only been stayed without any final ity to the matter. It is for the disciplinary authority to finalise the matter a s early as possible on the basis of the materials available on record and the ca se made out against the delinquent. It appears that the criminal case against th e respondent No. 6 is still pending which however, is not a bar for departmental proceeding. Since the issue relating to departmental proceeding has not attained its finalit y, but is only under order of stay passed by the departmental authority, this wr it petition is disposed of directing the respondents to take a final decision in the matter on the basis of the available materials on record as expeditiously a s possible. It will be on entire discretion of the disciplinary authority to dea l with the matter in accordance with law on the basis of the materials on record . Writ petition is disposed of.