IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2314 of 2009 DR.NARESH PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 18/2/2009 Heard Mr. Banbari Sharma, learned counsel for the petitioner and counsel for the State. There is no dispute that the petitioner had been placed under suspension on 26.2.2005 with his headquarter at Samastipur to get the departmental proceeding completed, in as much as, enquiry report had already been submitted on 7.10.2006 and show cause reply was also filed by the petitioner on 4.11.2006. It however does not stand to reason as to why the authority concerned has not concluded the departmental proceeding against the petitioner by passing the final order. The petitioner has therefore a valid grievance that instead of passing final order in the departmental proceeding he is being subjected to change of his headquarter during the period of suspension, from Samastipur to Darbhanga by the impugned order dated 23.12.2008. This Court, on being informed by 2 Counsel for the State, that such arrangement has been felt for payment of subsistence allowance, would direct the petitioner to report at Darbhanga whereafter his subsistence allowance as payable to him must be paid within fifteen days of his reporting at Darbhanga. At the same time, when this Court has not interfered with the impugned order shifting the headquarter of the petitioner from Samastipur to Darbhanga only on the ground that the petitioner is being sought to be paid his subsistence allowance, which was not paid to him from 26.2.2006, a direction must be given to respondent nos. 1 and 2, i.e. the Principal Secretary and Special Secretary, Department of Health to take a final decision in the departmental proceeding of the petitioner and pass a final order within a period of three months from the date of receipt/production of a copy of this order. With the above observation and direction this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar 3