IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7345 OF 2010 1. PRABHAT KUMAR PANKAJ S/O LATE JAGDISH THAKUR R/O AT & P.O.JAYNAGAR, P.S.JAYNAGAR, DISTT-MADHUBANI ……..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 4. THE DIRECTOR ADMINISTRATION -CUM- JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, DARBHANGA DIVISION, DARBHANGA 6. THE DEPUTY DEVELOPMENT COMMISSIONER, SAMASTIPUR …………………………………………………………………………….RESPONDENTS ******** FOR THE PETITIONER :- MR. RAJENDRA PRASAD SINGH, SR. ADV. MR. RAJEEV KUMAR SINGH, ADVOCATE FOR THE S T A T E :- MR. JAGDISH PRASAD, G.P. II *********** 2 20/05/2010 The petitioner has been suspended on 16.09.2008. Two writ applications were filed by the petitioner; the first one being CWJC No. 6419 of 2009 in which the Court directed that the enquiry should be concluded within a period of six months. The departmental proceeding has undoubtedly commenced as per Annexure-3, the order of the Director –cum- Joint Secretary, Human Resources Development Department, Government of Bihar dated 14.08.2009. The order contained in Annexure-3 has been passed in pursuance of a direction of this Court passed in CWJC No. 7285 of 2009 dated 02.07.2009, whereby this Court had directed that the petitioner may file a representation before the Principal Secretary, Human 2 Resources Development Department, Government of Bihar, Patna who will pass appropriate orders within a period of one months from the date receipt/production of a copy of the order. The challenge in the said writ application is that the petitioner was aggrieved by the order of suspension. The present writ application has been filed in which it has been stated that the directions contained in the order dated 02.07.2009 have not been followed in their true spirit. It is submitted that the petitioner was not responsible for the promotion of the 52 Assistant Teachers. It is submitted that it was made by the Establishment Committee, headed by the District Magistrate. The order contained in Annexure-3 indicates that the departmental proceeding has already commenced and that the witnesses are being examined in the said proceeding. The point raised on behalf of the petitioner is that whether the petitioner should be continued to be under suspension until the conclusion of the departmental proceeding. The stage is that the enquiry has been concluded and now the departmental proceeding has commenced. The authorities in question ought to consider whether it would be appropriate to allow the petitioner to be under suspension in view of rule 9 (7) of the Bihar Government Servants 3 (Classification, Control and Appeal) Rules, 2005 which envisage that there should be specific order passed by the authorities in question renewing the suspension along with the reasons to be recorded for continuance of the order of suspension. The object of keeping an incumbent under suspension is that he should be suspended from doing any work till such time as charge sheet is framed against him. Once, charges have been framed and departmental proceeding has commenced, there is no purpose for ordinarily keeping the person under suspension unless there is a specific reason for doing so. Counsel for the petitioner draws the attention of this Court towards the fact that the reasons for initiating the departmental proceeding is that the petitioner was held responsible for promoting certain persons who were not entitled for promotion. It has been categorically stated that the promotions were not granted by the petitioner and it is also submitted that the enquiry report is in favour of the petitioner. Therefore, this Court directs that the Principle Secretary –cum- Commissioner, Human Resources Development Department, Government of Bihar, Patna ought to consider those objection and pass an 4 appropriate orders with respect to revoking the suspension of the petitioner within a period of one month from the date of receipt/production of a copy of this order. It is also directed that the departmental proceeding should be concluded within a period of three months from the date of receipt/production of a copy of this order subject to the co-operation of the petitioner. This application is disposed of in the aforesaid terms. Anand ( Sheema Ali Khan, J.)