IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9510 of 2009 MANOJ KUMAR CHAUDHARY SON OF SRI MANGAN CHAUDHARY, RESIDENT OF VILLAGE AGARDIH, P.S. SIMRI BAKHTIYARPUR, DISTRICT SAHARSA ….. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE INSPECTOR GENERAL OF PRISON, GOVT.OF BIHAR, PATNA 4. THE DEPUTY SECRETARY, HOME (SPECIAL) DEPARTMENT, GOVT.OF BIHAR, PATNA 5. THE DIRECTOR (ADMINISTRATION), HOME (PRISON) DEPARTMENT, GOVT.OF BIHAR, PATNA 6. THE DIVISIONAL COMMISSIONER-CUM-CONDUCTING OFFICER, MAGADH DIVISION, GAYA …… RESPONDENTS. ----------- 2. 10.8.2009 Heard learned Counsel for the petitioner and the State. 2. Petitioner is aggrieved by the suspension order bearing memo no.1383 dated 19.3.2009 whereunder he has been placed under suspension for his failure to join the transferred post. It appears the charges have already been served on the petitioner under notification no.6038 dated 4.6.2008. 3. In the circumstances, the departmental authorities are directed to proceed with the enquiry proceeding and conclude the same at the earliest in any case within four months from the date of receipt/production of a copy of this order. 4. It goes without saying that the petitioner must co- operate for the conclusion of the enquiry proceeding during the time fixed by this court. In case he does not co-operate, it shall 2 be open to the authorities to proceed ex-parte. However, it is made clear that if the petitioner co-operates but for any reason not attributed to the petitioner the authorities are unable to conclude the proceeding even after expiry of the four months, his suspension should be revoked. 5. This writ application is accordingly disposed of. Narendra/ ( V. N. Sinha, J. )