IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.730 of 2007 Chhotan Kumar, son of late Bundela Rai, resident of at present residing near Ramesh Printing Press, Mithapur, P.S. Jakkanpur, District patna … Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Patna 3. The District Superintendent of Education, Patna 4. The Block Education Extension Officer, Dhanarua-1, District Patna 5. The Primary School Chakramasi, Dhanarua, District Patna … Respondents ----------- 3. 21.7.2011 Having heard counsel for the parties this Court is of the considered opinion that the office order dated 5.1.2006 passed against the petitioner by way of rejection of his joining report on account of his remaining absent from duty without being sanctioned leave is a subsequent decision, inasmuch as prior to that date the District Superintendent of Education, Patna by an order dated 25.10.2005 had already initiated a departmental proceeding by framing a charge for his unauthorized absence from 9.1.1992 onwards. Counsel for the petitioner would submit that the petitioner had already filed his reply to the said memo of charge but no action has been taken thereon and therefore, 2 this Court should set aside the impugned order rejecting joining report of the petitioner. In the considered opinion of this Court if the proceeding was already initiated earlier against the petitioner and an order was passed by this Court for disposal of his claim of joining, the authority is wholly unjustified in awaiting the result of the departmental proceeding, inasmuch as no one can be allowed to give joining report as and when he would like to resume his duty. None-the-less the respondents were required to complete the departmental proceeding which was initiated by them by the order contained in Annexure ‘A’ to the counter affidavit and therefore, this Court would direct the District Education Establishment Committee, Patna and the District Programme Officer, Patna, the successor of D.S.E. to ensure that if the proceeding against the petitioner has not been completed as yet the same must be concluded within a period of six months from the date of receipt/ production of a copy of this order. 3 It is also made clear that any financial benefit to the petitioner would remain dependent on the result of the departmental proceeding. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/