IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10189 of 2009 RAM SUSHIL SINGH, SON OF LATE SUKUL SINGH, RESIDENT OF MOHALLA MAJHAULIA, P.S. KAZI MOHAMMADPUR, DISTRICT MUZAFFARPUR----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE JOINT SECRETARY, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE ADDITIONAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE DEPUTY SECRETARY, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 6. THE CHIEF ENGINEER(SOUTH) TUBE WELL DIVISION, PATNA. 7. THE SUPERINTENDING ENGINEER, TUBE WELL CIRCLE, PATNA. 8. THE EXECUTIVE ENGINEER, TUBE WELL DIVISION, MUZAFFARPUR----RESPONDENTS.. ----------- 02. 21.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner served as Junior Engineer in the Tube Well Division, Munger. He was placed under suspension in contemplation of departmental proceeding under order bearing memo No. 2404 dated 22.6.2005, Annexure-1 and the proceeding continued even beyond his retirement i.e. 31.7.2008. Appreciating his retirement on 31.7.2008 his suspension, however, was revoked under order bearing Memo No. 4261 dated 5.8.2008, Annexure-4. Now the inquiry report has been received as would appear from the notes of the departmental authorities provided to the petitioner in response to his application under the Right to Information Act and is contained in Annexure-10 to this application. Even after receipt of the inquiry report final decision in the matter is not being taken as the report with regard to other delinquents who were also proceeded against with regard to the same charge is still awaited. 3. Learned counsel for the petitioner states that from the notes aforesaid it would appear that petitioner has been exonerated by - 2 - the Inquiry Officer and only on account of non-receipt of the report in regard to others involved in the transaction he is allowed to suffer even though he has retired with effect from 31.7.2008. 4. Let the departmental authorities take final decision in the case of the petitioner even in absence of report in regard to others and pass appropriate final order as early as possible, in any case within two months from the date of receipt/production of a copy of this order. It goes without saying that the prayer of the petitioner for payment of arrears of salary for the suspension period as also promotional benefit in the light of the promotion granted to him on the post of Assistant Engineer shall be considered in the light of the result of the departmental proceeding within the same time. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)