IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2384 of 2010 1. ABHIMANYU SINGH S/O LATE RAM JANAM SINGH R/O VILL KOBIL,P.S. ISLAMPUR,DISTT-NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-CUM-COMMISSIONER OF COMMERCIAL TAXES BIHAR,VIKASH BHAVAN,BAILEY ROAD,PATNA 2. THE ADDL. COMMISSIONER OF COMMERCIAL TAXES VIKASH BHAVAN,BAILEY ROAD,PATNA. For the Petitioner: S.D. Sanjay, Adv. Gopal Prasad Gupta, Adv. For the Respondents:Lalit Kishor, Sr. Adv. Piyush Lal, Adv. ----------- 3/ 16/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. In pursuance of the institution of a vigilance caseNo.65/06 on 17.10.2006 under the provisions of Prevention of Corruption Act, the petitioner was taken into custody and placed under suspension by an order dated 6.12.2006 under the Bihar Government Service (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as the ‘Rules’). On his release from custody he was suspended afresh on 19.3.2007 in view of the criminal case and the already initiated departmental proceeding against him under Rule-9(1). The petitioner came to this Court earlier in C.W.J.C. No.15935/09 with the grievance that the enquiry report had been submitted in September, 2008, but the proceeding remains inconclusive and suspension - 2 - continues. This Court disposed the writ application with a direction to the respondents to expeditiously conclude the departmental proceedings within one month from the date of receipt/presentation of a copy of the order. The impugned order dated 23.2.2010 has been passed declining to revoke his suspension opining that it may weaken the case of the prosecution in the criminal trial. Learned counsel for the petitioner submits that an enquiry report of exoneration has been submitted in September, 2008. The respondents have failed to conclude the proceedings even thereafter. Once the departmental enquiry is over, there is no justification not to revoke the suspension as the criminal trial is not likely to be concluded soon. Learned counsel for the State submitted that conclusion of the departmental proceedings ipso facto may not entitle the petitioner to a revocation of his suspension as the order of suspension was based on the pendency of the criminal trial also. In a departmental proceeding the charges are to be proved on preponderance of probabilities while in the criminal case it has to be beyond reasonable doubt. Even if a report of exoneration has been submitted it was open for the respondents to give him a second show cause notice for a difference of opinion with the enquiry report, - 3 - and which has not been done ever since September, 2008. The standard of proof in a criminal trial shall therefore be stronger than in a departmental proceeding. That a lesser standard of proof may not have been met by the respondents cannot be urged as a ground to continue the suspension on assumptions that a stronger ground to be proved in the criminal trial shall be fulfilled. The impugned order is misconceived when it states that if the suspension is revoked it shall weaken the case of the prosecution in the criminal trial. It has already been discussed that the two are entirely different. The submission of the learned counsel for the State that the State reserves the authority to re-consider matters afresh in view the pendency of the criminal case insofar as suspension is concerned, is premature at this stage. Nothing in the present order shall be construed as any restraint on the State to proceed in the departmental proceedings after submission of the enquiry report in a manner in accordance with law to conclude the departmental proceedings at the earliest. In light of the aforesaid discussion, this Court is satisfied that there does not appear to be any justification to continue with the suspension of the petitioner on facts as they stand at present. - 4 - The order of suspension of the petitioner dated 19.3.2007 and the impugned order dated 23.2.2010 are accordingly set aside. The application stands allowed. KC ( Navin Sinha, J.)