IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3020 of 2006 MD.YUSUF KHAN Versus THE V.C.,BAGAHA MUNICIPALITY & ORS. ----------- 4 1.9.2008 Despite notice having been validly served on Bagaha Municipality there is no representation on behalf of Bagaha Municipality. Vide order dated 21.7.1993 contained in annexure-2 the petitioner was suspended from the post of Tax Daroga in anticipation of initiation of a departmental proceeding. Petitioner submits that this order of suspension was not only illegal but nothing was done thereafter with regard to the departmental enquiry. He has now superannuated on 20.4.2004. It seems that the petitioner had challenged this order by filing a Title Suit No. 15 of 1993 which was subsequently withdrawn vide order dated 10.1.2006. Thereafter the present writ application has now been filed. In absence of any pleadings or statements having been made on behalf of the respondents if what has been stated by the petitioner is accepted on the face value then the order of suspension dated 21.7.1993 has lost its meaning by virtue of the retirement of the petitioner. The order of suspension would be deemed to have been revoked. It is not known whether any departmental enquiry was actually held or not and if held whether any order of punishment passed. If no departmental proceeding had been held then the petitioner would be deemed to have been continued in service till his date of superannuation and he would - 2 - be entitled to claim his salary and other emoluments including pension as mere suspension for a prolonged time will not come in the way. This writ application is disposed of with a direction upon the Executive Officer, Bagaha Municipality, respondent no.2 that he shall verify the records with regard to the departmental action, if any, was taken up against the petitioner or not and if nothing of the kind has been done pursuant to the suspension order then he shall take steps for payment of claim of the petitioner as made in the writ application in the given circumstances. RPS (Ajay Kumar Tripathi, J.)