IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1454 of 2009 1. SATISH CHANDRA S/O SHREE BHOLA RAM R/O MOH- DILAWARPUR (KALI TAZIYA), P.O & P.S- MUNGER TOWN, DISTT- MUNGER, FOREST GUARD, CHAK NAKA, NAWA GARHI,MUNGER (DISMISSED) Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY, DEPARTMENT OF FOREST, SICHAI BHAWAN, OLD SECRETERIATE, PATNA 2. THE CHIEF CONSERVATOR OF FOREST, KRISHNAPURI, NEAR BASAWAN PARK, PATNA 3. CONSERVATOR OF FOREST, BHAGALPUR ANCHAL, BHAGALPUR 4. BIRENDRA PRASAD SINHA DISTT- FOREST OFFICER, MUNGER DIVISION, DISTT-MUNGER, D.F.O, SASARAM, ROHTAS, PRESENTLY POSTED AS CONSERVATOR OF FOREST, FOREST DEPARTMENT, OLD SECRETARITE, PATNA 5. FOREST RANGE OFFICER, DHARAHARA, DISTT- MUNGER 6. DISTRICT FOREST OFFICER, SAMAJI VANYIKI PRAMANDAL, SAHEBGANJ, DISTT- SAHABGANJ 7. RANGE OFFICER OF FORESTS, MALAYPUR RANGE , AT MALAYPUR, DISTT- JAMUI 8. DEPUTY COMMISSIONER, MUNGER 9. DEPUTY SECRETARY, FOREST DEPARTMENT, SICHAI BHAWAN, OLD SECRETARIATE, PATNA 10. FOREST RANGE OFFICER, KHARAGPUR, DISTT- MUNGER 11. PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, SICHAI BHAWAN, OLD SECRETARIAT, PATNA 12. EQUIRING OFFICER, TO BE APPOINTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST, SICHAI BHAWAN, OLD SECRETARIATE, PATNA ----------- 4. 26.4.2010 We have heard learned counsel for the appellant and learned counsel for the respondents. Counsel for the appellant has very fairly submitted that departmental enquiry has been concluded but final orders have not been passed. The subsequent development during the pendency of the appeal makes this appeal infructuous 2 and issues have become academic. If final orders in the fresh departmental proceedings have not been passed till date, let the same be done within a maximum period of three months in accordance with law. If the enquiry has been concluded as was urged on behalf of the appellant, the respondents are directed to forthwith reconsider the issue of suspension if final orders in the departmental proceedings are not passed within the time indicated above. It goes without saying that the petitioner is entitled to subsistence allowance in accordance with law for the period that he has remained under suspension by virtue of the order of the writ Court. The appeal stands disposed. P. Kumar (Navin Sinha, J.) (Dinesh Kumar Singh, J.)