IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2301 of 2009 ANIL KUMAR JHA Versus THE STATE OF BIHAR & ANR ----------- 3. 17.11.2009 Heard learned counsel for the petitioner and the State. The petitioner was alleged to have put up a wrong note with regard to consideration for promotion of another Government servant for a consideration, when he was apprehended red handed while accepting illegal gratification. This led to his suspension and initiation of departmental proceedings. An enquiry report came to be submitted on 9.5.2007 exonerating the petitioner of the charges. The authorities by a reasoned order dated 17.10.2008 dissatisfied with the enquiry report explained in the order directed fresh enquiry for reasons mentioned therein. In the meantime, the petitioner had already been subjected to a criminal prosecution for the allegation of acceptance of illegal gratification. There is no bar to the initiation of departmental proceedings during the pendency of a criminal prosecution on the same charges. In this fresh enquiry, the authorities have opined that the charge with regard to incorrect notes on the issue of promotion was no more relevant as it had become factually non-existent by reason of subsequent events. The disciplinary authority, therefore, opined that the only issue to be now decided in the departmental proceedings was acceptance of illegal gratification as alleged by examination of witnesses. Learned counsel for the petitioner submits that the departmental proceedings cannot be an unending process. There has 2 been enquiry, he has been exonerated. There has been a re-enquiry and the matter still remains inconclusive. The petitioner continues under suspension since 29.12.2006. The counter affidavit of the Respondents is absolutely non-committal of their responsibility for expeditious conclusion of the departmental proceedings. This Court directs the disciplinary authority to conclude the departmental proceedings finally within a maximum period of four months from the date of receipt and/or production of a copy of this order before him, provided the petitioner himself cooperates. If the proceedings are not concluded within that time for reasons attributable to the petitioner, the disciplinary authority is required to pass a reasoned and speaking order displaying complete application of mind disclosing the fact attributable to the petitioner delaying the proceedings by sequence of dates and events. If the departmental proceedings are not concluded within the period of four months for no fault of the petitioner, the Respondents are restrained from proceeding with the departmental proceedings any further by the order of this Court. In the latter event, the Secretary, Personnel and Administrative Reforms Department is directed to initiate a fresh departmental proceedings against those, who failed to comply the order of this Court resulting in the benefit to the petitioner. The application stands disposed. AKS/ (Navin Sinha, J.)