IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3852 of 2010 PRABHAWATI KUMARI W/O SRI BHAGWAN SINGH R/O VILL NARAYANPUR,P.S.ITARHI,DISTT-BUXAR Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR,PRIMARY EDUCATION BIHAR,PATNA 3. THE DISTRICT MAGISTRATE BUXAR 4. THE DEPUTY DEVELOPMENT COMMISSIONER BUXAR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION BUXAR ----------- For the petitioner : Mr. Anirudh Mishra. For the State : AAG XI. ------ 02. 22.12.2010 Petitioner was put under suspension by virtue of order dated 14.2.2008 issued by the District Superintendent of Education, Buxar. After the suspension order nothing in terms of follow up action has been taken, meaning thereby that no disciplinary proceeding has been initiated and no charge sheet to him has been issued till date. Keeping the petitioner under suspension for more than two years now, according to him, is in breach of Bihar C C A Rules, 2005 especially Clause 9(7) of the staid Rule. Counsel for the State was granted indulgence to seek instruction on the issue. He does not have inputs despite time granted in this regard. If that be so, the suspension order cannot continue till eternity. Annexure-1 dated 14.2.2008 is hereby quashed. The writ application is allowed provided no proceeding was initiated in the meantime and the departmental proceeding has not reached any conclusion. Since there is no evidence of any disciplinary proceeding having been taken or any follow up action has been imposed upon the 2 petitioner after suspension order, respondents will be obliged now to pay salary and other emoluments to the petitioner for the period of suspension. rkp ( Ajay Kumar Tripathi, J.)