IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5671 of 2009 SRI RAM SINGH Versus THE STATE OF BIHAR & ANR ----------- 2 11.5.2009 Heard counsel for the petitioner and counsel for the State. An order of suspension passed on 11.3.2006 followed by framing of charge after nine months on 8.12.2006 and yet no action till now, would definitely raise eyebrows not only of the employee concerned but of each and every person concerned who in any way is responsible in concluding the departmental proceeding of the petitioner. It is well settled that the misconduct of a government servant may be made subject matter of a departmental proceeding but that by itself cannot be protracted to an uncertain and to make the pendency of the proceeding itself a punishment. In absence of any explanation atleast on record to show that even when the petitioner had filed his written statement of defence on 5.2.2007, the consequential departmental proceeding could not be taken up and completed, this Court will have no option but to direct the respondents to expedite and 2 conclude the departmental proceeding in a fixed time frame. It is thus clarified that if Sri Kameshwar Singh, the then S.D.O., has already stood transferred from the post of S.D.O. and therefore, is not in a position to function as an enquiry officer, the respondent, Collector of the district would appoint a new enquiry officer within a period of one month from the date of receipt/production of a copy of this order and such enquiry officer must conclude his departmental proceeding and submit his enquiry report within a period of four months whereafter the final order will also be passed in next two months. It goes without saying that if the final order is not passed within the aforesaid period, the Collector of the district will be held solely responsible and thus will not be entitled to draw his salary after the expiry of the said period till he would pass the final order and dispose of the departmental proceedings against the petitioner. With the aforesaid observations and directions this writ application is finally disposed of. Rsh (Mihir Kumar Jha, J.)