IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11119 of 2010 ====================================================== 1. Om Prakash Chaubey S/O Late Kamakhya Chaubey R/O Vill.- Sonbarsa, P.S. Harsiddhi, Distt.- East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar Through The Secretary, Panchayati Raj, Vikas Bhawan, Bailey Road, Patna 2. The District Magistrate, East Champaran 3. The District Panchayati Raj Officer, East Champaran 4. The Block Development Officer, Madhuban Block, East Champaran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. L.B.Singh For the Respondent/s : Mr. (Ga9) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 15-11-2011 Heard learned counsel for the petitioner and learned counsel for the State. No counter affidavit has been filed despite service of two copies of the writ application in the office of the Advocate General as far back as 13.7.2010. The petitioner is aggrieved by his continued suspension ever since 27.8.2004. It is acknowledged that there are two criminal cases pending against him and that departmental proceedings have been initiated. The submission however is that suspension is not a punishment and it cannot be turned into a punishment by the manner in which the respondents are acting. Patna High Court CWJC No.11119 of 2010 (2) dt.15-11-2011 2 Learned counsel for the State has pointed out that there are two criminal cases against the petitioner also. The petitioner appears to have requested for revocation of his suspension on 16.11.2009. While suspension cannot be given the nature of a punishment, the jurisdiction of the respondents to continue the suspension on grounds sustainable in the law also cannot be denied. Let the representation of the petitioner for revocation of his suspension be considered in accordance with law and disposed off by a reasoned and speaking order preferably within a maximum period of two months from the date of receipt/presentation of a copy of this order. This order has no bearing on the criminal case pending against the petitioner and the departmental proceedings. The writ application stands disposed. Krishna Chandra Jha/- (Navin Sinha, J)