IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7282 of 2009 DR.BABAN KUAR @ BABBAN KUAR, SON OF LATE DR. NAWAL KISHORE KUAR, RESIDENT OF VILLAGE – BAGHI, P.S. – MANIYARI, DISTRICT – MUZAFFARPUR. ……….. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY – CUM- COMMISSIONER, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA. 4. THE JOINT SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 5. THE DEPUTY DIRECTOR-CUM-CONDUCTING OFFICER, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. …………. RESPONDENTS. ----------- 03/ 12.04.2010 I.A. No. 1696 of 2010 Interlocutory is being taken with the main writ application. Interlocutory application has been filed by the petitioner for incorporating some additional facts relevant for adjudication and also for staying the operation of suspension order dated 12.02.2007 contained in Memo No. 114(9) Health issued by the Joint Secretary, Department of Health and Family Welfare, Govt. of Bihar. Petitioner was put under suspension vide order dated 12.12.2007, in contemplation of a departmental proceeding, the departmental proceeding was initiated and charges framed were served to the petitioner. The statement made in the counter - 2 - affidavit indicates that enquiry report has been submitted by the conducting officer on 20.11.2008 in which charges framed against the petitioner have been found to be proved. Second show cause has been issued to the petitioner vide letter no. 959(9) dated 1.10.2009 for submission of explanation against the proved charges levelled against the petitioner. There is delay on part of the petitioner since he has not submitted his explanation, in response to second show cause notice. The departmental proceeding is almost on the verge of completion, as such no purpose will be served, if suspension order is revoked or a direction is issued for revocation of suspension. It is proper that departmental proceeding itself should conclude within a time specified. Accordingly, three month’s time is allowed to the respondents-authorities for completing the departmental proceeding initiated against the petitioner. In case it is not completed within this period the order of suspension dated 12.2.2007 issued vide Memo No. 114(9) shall stand revoked and the departmental proceeding will continue. This application is disposed of. DKS/ (Mridula Mishra, J.)