IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2334 of 2010 SMT. KUMARI ASHA SINHA W/O SHRI SHIVSHANKAR PRASAD R/O MOHALLA- KASETAKIA NEAR GUPTA FURNITURE, RANCHI ROAD, BIHAR SHARIF, P.S. BIHAR, DISTT. NALANDA AT PRESENT POSTED AS ASSISTANT TEACHER IN ADARSH MIDDLE SCHOOL, BIHAR SHARIF, NALANDA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA 2. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION PATNA COMMISSIONARY, PATNA 3. DISTRICT SUPERINTENDENT OF EDUCATION NALANDA AT BIHARSHARIF 4. SUB-DIVISIONAL EDUCATION OFFICER HILSA, NALANDA 5. REGIONAL EDUCATION OFFICER BIHAR SHARIF, DISTT.- NALANDA 6. SHRI RAVINDRA KUMAR SINHA HEADMASTER OF ADARSH MIDDLE SCHOOL, BIHAR SHARIF, DISTT.- NALANDA ----------- 3/ 12.05.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the order of suspension contained in Memo No. 3720 dated 08.09.2008, issued by the District Superintendent of Education, Nalanda. The grievance of the petitioner is that the suspension order has been issued long time back but, till date, suspension order has not been issued in contemplation of the departmental proceeding. Till date, charges have not been framed, she has not been noticed to show cause and without taking any steps the respondent authorities left her in the state of suspension. Counter affidavit has been filed on behalf of respondent No. 3, where it is stated that the departmental proceeding has been initiated against the petitioner vide Memo No. 60 dated 12.01.2009, the charge has been issued to the 2 petitioner. The Enquiry Officer has also been appointed and directed to submit report. However, the counsel for the petitioner submits that charges have not been served to the petitioner. Since, the departmental proceeding has already been initiated and the charges framed, this matter is being disposed of, giving direction to the D.S.E., respondent No. 3 to serve charges framed against the petitioner through special messenger. The petitioner is also directed to participate in the departmental proceeding, so that it may be concluded within nine months from today In case, despite full co-operation and participation of the petitioner, the departmental proceeding is not concluded within 9 months period either on account of delay and laches on the part of the respondents or for any other reason, the order of suspension issued against the petitioner shall be revoked automatically. However, the departmental proceeding will continue till finally decided. Sanjeet/ (Mridula Mishra, J.)