IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8892 of 2009 JAI PRAKASH RAI, SON OF LATE RADHE RAI, R/V SIKARITOLA, P.S.SHAHAKUND, DISTRICT BHAGALPUR------PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, BHAGALPUR. 3. BLOCK DEVELOPMENT OFFICER, KHAREEPH, DISTRICT BHAGALPUR -------RESPONDENTS. ----------- 02. 30.07.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Panchayat Secretary within Akidatpur Block in the District of Bhagalpur. He was placed under suspension for not handing over charge in the light of the transfer order under memo No. 382 dated 28.6.2004, Annexure-2 passed by the District Magistrate, Bhagalpur. 3. It is submitted on behalf of the petitioner that having placed the petitioner under suspension under order dated 28.6.2004, the authorities forgot about him as during these five years memo of charge was also not served on him. According to the petitioner his suspension has been continued for more than five years even without initiating the departmental proceeding as according to learned counsel the proceeding is initiated only after service of the memo of charge on the delinquent. 4. Counsel for the State prayed for grant of time to seek instruction in the matter in the light of the aforesaid submission of the counsel for the petitioner. I, however, declined to accept such request in the light of the order, which I am proposing to pass in the matter. Petitioner was placed under suspension under order dated 28.6.2004 and even if was not co-operating in the conclusion of the departmental - 2 - proceeding by accepting the charge memo, it was open for the authorities to have proceeded ex parte but till date no progress at all has been made in the direction of initiating/concluding the departmental proceeding. 5. In the circumstances, I direct the District Magistrate, Bhagalpur to first pay the entire subsistence allowance to the petitioner and thereafter ensure conclusion of the departmental proceeding as early as possible, in any case within three months from the date of receipt/production of a copy of this order. The subsistence allowance should be paid to the petitioner within two weeks of the receipt of this order. It is made clear that if the petitioner does not co- operate in the proceeding, it shall be open to the Inquiry Officer to proceed ex parte. It is also made clear that the proceeding is not concluded in the light of this order for the reasons not attributable to the petitioner then the suspension order be revoked by the District Magistrate, Bhagalpur after passage of three months granted for concluding the proceeding. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)