IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17998 of 2008 RAJ KISHOR LAL Versus THE STATE OF BIHAR & ORS ----------- 3. 09.02.2009 Heard learned counsel for the petitioner and the State. For the short nature of controversy and despite adjournment granted no counter affidavit has been filed on behalf of the Respondents, this Court does not consider it prudent to adjourn the matter any further for the same. The petitioner has been suspended by an order dated 25.11.2008. The order states that the petitioner did not submit his clarification within time with regard to a public complaint received and thereby violated the orders of his superiors. Learned counsel for the petitioner submits that the order of suspension itself acknowledges a belated compliance of the clarification sought from him. It is further submitted that the zamabandi registration out of which the entire issue arises was created on 25.7.2005 much before the joining of the petitioner on 29.6.2007. Learned counsel for the State from the impugned order emphasizes the dereliction in duty on the part of the petitioner in submitting his clarification belatedly. Learned counsel for the petitioner submits that despite the order of suspension dated 25.11.2008; no charge sheet has been served on him till date. 2 The order of suspension cannot operate as a punishment. On the facts of the case, this Court is satisfied that the suspension of the petitioner is not justified merely for reason of a belated submission of the clarification sought. Once the clarification sought for has been submitted, any suspension thereafter appears to be afflicted by what has been called by the Supreme Court “suspension syndrome” in trivial matter as reported in (1999) 3 SCC 679 (Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. & another). This Court, therefore, considers it appropriate to set aside the order of suspension dated 25.11.2008. The writ application stands allowed to that extent only. This Court makes no observation with regard to the departmental proceedings which shall proceed in accordance with law. AKS/ (Navin Sinha, J.)