IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1206 of 2011 PRAMOD KUMAR MISHRA, S/O- LATE KULDEEP NARAIN MISHRA, R/O- VILLAGE + P.O.- BAUNSHI, P.S.- DISTRICT- BANKA. ……… Petitioner Versus 1. THE ADMINISTRATOR, BIHAR STATE ROAD TRANSPORT CORPORATION, BIRCHAND PATEL PATH, PARIWAHAN BHAWAN, PATNA, BIHAR. 2. THE FINANCIAL ADVISOR-CUM-CHIEF ACCOUNT OFFICER, BIHAR STATE ROAD TRANSPORT CORPORATION, BIRCHAND PATEL PATH, PARIWAHAN BHAWAN, PATNA, BIHAR 3. THE CONDUCTING OFFICER, BIHAR STATE ROAD TRANSPORT CORPORATION. 4. THE STATE OF JHARKHAND THROUGH ADMINISTRATOR, JHARKHAND STATE ROAD TRANSPORT CORPORATION. …… Respondents For the petitioner : Mr. Satya Prakash Sinha, Advocate For the respondent No. 4: Mr. N.N. Ojha, Advocate. ----------- 3 28.06.2011 Heard learned counsel for the petitioner. No body appears on behalf of the respondent Corporation. Mr. N.N. Ojha who appears on behalf of State of Jharkhand submits that he is a formal party. By order dated 21.1.2011, the matter was adjourned enabling the counsel for the respondent Corporation to file counter affidavits specifically stating therein reasons for continued departmental proceeding against the petitioner. The grievance of the petitioner is that he was placed under suspension by order dated 9.8.1997 (Annexure-1). He replied to the memo of charge by a communication dated 2.2.1998 (Annexure-2). The matter thereafter remained pending which prompted him to approach the authority seeking revocation of his suspension. In the light of circular of the 2 Department/Government, the authorities of the Bihar State Road Transport Corporation (for the short “the Corporation”) released him from the suspension provisionally by order dated 10.1.2008 (Annexure-6). It is submitted that the departmental proceeding continued against him has not finally been concluded. It is also contended that pursuant to revocation of his suspension, he has not been paid his dues/salary. This Court finds from the averments made in the application that specific pleadings in this regard have not been made. In paragraph 15, it has been stated that after release of the petitioner from provisional suspension, he is entitled to receive due salary. Learned counsel, at this stage, relying on the contents of his representation said to have been filed before Administrator of the Corporation (Annexure-7), submitted that since his release from suspension was provisionally, he was not paid his salary. If the submissions of the petitioner are correct then the authorities can be held to be wholly unjustified in not granting him benefits of his release from suspension. This Court could have directed therefor, but since there is no counter affidavit filed on behalf of the respondents, this Court refrains from issuing positive direction in this regard. Counsel for the petitioner has submitted that the proceeding has till date not been concluded although more 3 than 12 years have since been elapsed. The stand of the petitioner that inordinate delay in disposal of the proceeding is a good ground to quash the same seems justified and supported by law. However, in the facts and circumstances, this Court directs the authorities to conclude the proceeding within 02 months from the date of receipt/production of a copy of this order before the concerned respondent failing which the proceeding shall stand terminated and the petitioner shall be deemed to be in the service as if there was no proceeding in the eye of law. So far as the grievance of the petitioner for non- payment of salary after his release from suspension by order contained in Annexure-6 is concerned, this Court permits the petitioner to file a detailed representation within 02 weeks from today along with a copy of this order whereafter the concerned authority shall consider the said representation and pass appropriate orders in accordance with law within 02 weeks of the filing thereof. If the petitioner is found entitled to any payment then the same shall also be made available to the petitioner within 03 weeks from the disposal of the representation. pkj ( Kishore K. Mandal, J)