IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17941 of 2010 Bijay Kumar Sinha, son of Late Lakshmi Prasad Sinha, Resident of E/4 Savitri Sadan, Sadhanapuri, Gardanibagh, P.S.-Gardanibagh, District-Patna. Versus 1. The State Of Bihar through the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 2. Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. Deputy Secretary, Water Resources Department, Govt. of Bihar, Patna. 4. Chief Engineer, Central Design Organization, Water Resources Department, govt. of Bihar, Patna. 5. Superintending Engineer, Project & Monitoring Circle-3 Resources Department, Govt. of Bihar, Patna. ----------- 5 29.04.2011 By Annexure-1, dated 04.03.2009 petitioner was put under suspension. Departmental proceeding was initiated against him and report was submitted by the Enquiry Officer on 06.08.2009, vide Annexure-8. The conclusion of the Enquiry Officer was that only on the conclusion of the criminal proceeding against him and in the light of the findings of the Court the charges against the petitioner in the departmental proceeding can be found true or false. Since the departmental proceeding could not be kept pending keeping the petitioner under suspension, petitioner filed this writ application. This Court noticed the facts in its order dated 07.12.2010 and directed the respondents to file supplementary counter affidavit. Supplementary counter affidavit has been filed, along with which a latter of Deputy Secretary of the Department addressed to the Conducting Officer dated 12.01.2011 has been annexed as Annexure-D. This letter shows that the conducting officer was directed to submit a detailed report within three days in respect of his findings in the enquiry. 2 Learned counsel for the respondents is unable to inform this court that the report has been submitted by the conducting officer in the light of the said communication dated 12.01.2011 and the final decision has been taken in the departmental proceeding. It appears that the respondents are still sitting over the matter. In the circumstances, this Court is of the view that respondents cannot continue the suspension of the petitioner on the pretext of pending departmental proceeding which is being kept pending till the conclusion of the criminal case. As such the order of suspension of the petitioner as contained in Annexure- 1 is quashed. This writ application is allowed. Prakash ( J.N.Singh, J.)