IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11474 of 2009 SMT.DR.SUNITI KUMARI, W/O SRI BALESHWAR SHARMA, R/O BIROPUR, P.O. RAJA PAKAR, P.S. HAJIPUR SADAR DIST. VAISHALI ….. ……… …… …….PETITIONER. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Bihar, Patna. 2. The Secretary, Health and Family Welfare Department, Bihar, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer, Nalanda, Bihar Sharif. 4. The Sub-Treasury Officer, Hilsa (Nalanda) …………….. Respondents. ----------- 2. 30.10.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner was posted as Deputy Superintendent, Sub Divisional Hospital, Hilsa, Nalanda. An order of suspension has been issued against her vide Memo No. 637(9) dated 20.07.2009 under the signature of under Secretary, Health Department, Government of Bihar. The suspension order indicates that there are serious charges of misconduct, dereliction of duty and disobedience against the petitioner and for that a departmental proceeding is going to be initiated against her. Since the suspension order has been issued in contemplation of the departmental proceeding, I don’t find any reason for interference in this matter. However, the counsel appearing for the petitioner submits that she is going to retire within a year. As such, in case any departmental proceeding is initiated, that must conclude within two-three months prior to that. In case it is not concluded, the suspension order be revoked. 2 It goes without saying that in the given circumstance, departmental proceeding must conclude before retirement of the petitioner. In case it is not done, as per rule also, the suspension order is to be revoked. This writ application is disposed of. AKV/ (Mridula Mishra, J.)