IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.8383 of 2009 1. Nand Kishore Singh, S/O late Ram Chandra Singh, resident of village Pranpur Barari, P.S. Hajipur Sadar, district Vaishali 2. Nawal Kishore Thakur, S/O late Ram Jivan Thakur, resident of village Subhai, P.S. Hajipur Sadar, district Vaishali .. Petitioners Versus 1. The State of Bihar 2. The District Superintendent of Education, Vaishali .. Respondents **** /2/ 21.07.2009 Heard the counsel for the petitioners and the State. 2. Petitioners are Headmasters of Middle Schools, Sarsai and Dumari, in the district of Vaishali. A vigilance case bearing Vigilance P.S. Case No. 6 of 2000 was instituted against the then Vice Chancellor and several other persons connected with B.N. Mandal University and teachers of the Vaishali district alleging that without attending seventy five per cent classes they have passed the post graduate examination while at the relevant time working on a Government post and discharging the duty. On account of institution of vigilance case, the petitioners were put under suspension in the year 2001 and a departmental proceeding was also initiated. In pursuance of enquiry report, the District Establishment Committee took a decision and the suspension 2 of the petitioners was revoked. Now, again, petitioners have been put under suspension for the reason that an order according sanction for petitioners prosecution in the vigilance case has been passed and the Establishment Committee has taken a resolution to suspend the petitioners with immediate effect. Counsel for the petitioners submits that in a similar circumstance this Court has quashed the suspension of one Md. Noman Sidiqui Vrs. The State of Bihar & Ors. in C.W.J.C. No. 5039 of 2009 holding that sanction accorded for prosecution in the vigilance case can not be a ground for putting the petitioner under suspension. 3. Simply because a vigilance case or a police case has been instituted and the sanction has been accorded for prosecution a Government employee should not be put under suspension. No penal action can be taken against him, since, charges are still not proved and judgment or order of conviction has not been passed. The resolution of the Establishment Committee to put the petitioners under suspension for the reason that sanction has been accorded for prosecution is completely illegal and arbitrary, as such, quashed. The order, contained in Annexure 1, dated 27.01.2009, contained in Memos No. 125 and 133, is 3 quashed. 4. With these observations and directions, this application is allowed. 5. The departmental proceeding, if still unconcluded, will continue irrespective of the order passed by this Court regarding revocation of the suspension of the petitioners. Cp:2/S.A. (Mridula Mishra, J.)