IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19341 of 2010 Rameshwar Sah, S/o Late Babuan Sah, resident of Village & P.O. Bengaha, P.S. & District Saharsa…………………………………………………………….…….Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Supaul, District Supaul. 3. The District Deputy Collector of Establishment, Supaul, District Supaul. 4. The Sub-Divisional Officer, Nirmali, District Supaul. 5. The Circle Officer, Nirmali, District Supaul. ----------- For the Petitioner: Mr. Shivpujan Sahay, Advocate For the State: Learned A.A.G. No.9 3 08.04.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner was suspended by an order of the Collector, Supaul dated 18.06.2009, as contained in Annexure-2. The order does not show that it was in contemplation of any departmental proceeding. It only shows that his Headquarter was fixed and he was entitled for subsistence allowance. Learned counsel for the petitioner submits that neither any proceeding was started nor petitioner has been paid subsistence allowance till today. A counter affidavit has been filed 2 on behalf of respondent nos. 2 to 5 today. In paragraph 4 of the counter affidavit it is stated that suspension of the petitioner has been revoked through letter no.396-2/St. dated 06.04.2011. In paragraph 13 thereof it is stated that departmental proceeding against petitioner could not be initiated earlier as charge sheet was not complete and the same has been initiated now through letter no.13-1/est dated 06.04.2011. Thus, it is clear that only when the matter was taken up by this court, respondents have decided to initiate the proceeding. It is stated that the same shall be completed within three months. Since the proceeding has now been initiated, the writ application is disposed of with a direction to the respondents to complete the proceeding positively within three months. However, disposal of the writ application will not come in the way of petitioner to claim full salary of suspension period on account of the fact that he remained suspended for almost one year and nine 3 months without any proceeding being initiated. If the petitioner files an application before the respondent- Collector for payment of full salary of the suspension period, the Collector shall consider the same in the light of the fact that petitioner was not put under any proceeding prior to 06.04.2011. BT (J. N. Singh, J.)