IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2201 of 2008 CHITRA DHAR JHA Versus THE STATE OF BIHAR & ORS ----------- For the petitioner :Mr. Birendra Kant Choudhary, Advocate For the State : Mr. G.P.10 For the Respondent nos. 2 and 3:Mr. Lalit Kishore, Sr. Advocate 05/ 02.7.2008 Heard learned counsel for the parties. 2. Petitioner is the Record Keeper serving in the Civil Court at Madhubani and from his possession, order sheet concerning Partition Suit No. 504 of 1973 was misplaced for which Madhubani Town P.S. Case No.317 of 1999 was registered against him and in connection with the said case, he was also taken in custody and thereafter was placed under suspension with reference to the provisions contained in Rule 178 of the Board Miscellaneous Rules, which empowers the employer to suspend not only during the period when the employee is in custody, but also after his release on bail. Trial is still pending and on account of the pendency of the trial, suspension of the petitioner also continues. 3. It is not known when the trial of the petitioner shall be concluded, as such, no useful purpose will be served by continuing the petitioner under suspension. Accordingly, it is directed that the suspension of the petitioner be revoked and he be paid the arrears of subsistence allowance, if any, but the payment of the salary for the period of suspension will be subject to the result of the trial as also the departmental proceeding. 4. This application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.) - 2 -