IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5815 of 2011 SURESH PRASAD SINHA, S/O LATE AWDHESH PD.SINHA, R/O MOHALLA-DAKHIN TOLA, P.O.-SIWAN TOWN, P.S.-SIWAN TOWN, DISTRICT-SIWAN. .......PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, SIWAN. 3. THE DEPUTY COLLECTOR, ESTABLISHMENT, SIWAN. .......RESPONDENTS. ----------- 2 17.05.2011 By earlier order in the writ application of the petitioner, as contained in Annexure-4, this Court had directed the petitioner to file representation before the respondents against his long suspension and the respondents were directed to consider and dispose it of within a maximum period of three months from the date of receipt/production of a copy of the order. It was also observed in the order that it was expected that the departmental proceeding should be concluded at an early date provided the petitioner himself cooperated. In compliance to the said order, the representation filed by the petitioner has been disposed of by Annexure-5 dated 19.02.2011. The Collector has found that in view of the allegations of embezzlement, defalcation and tampering with the accounts 2 register etc. it was not appropriate to revoke the suspension of the petitioner. However, it has been observed by the Collector that the final decision shall be taken in that respect on conclusion of the departmental proceeding. Petitioner was suspended in 1988. A criminal case was also lodged against him. There is nothing on record to show with regard to stage of the criminal case. However, on that account, proceeding against the petitioner cannot be kept pending indefinitely. The departmental proceeding has been initiated against petitioner in 1988 itself in which he has filed his reply. Therefore, it is necessary that the same is concluded as early as possible without waiting for the outcome of the criminal case. It appears that since earlier this Court had not fixed up any time limit for conclusion of the departmental proceeding, the Collector has not issued directions for conclusion of the same within a fixed time limit. In the circumstances, the writ application is disposed of with a direction 3 to the respondents to finally conclude the departmental proceeding pending against the petitioner positively within four months from the date of receipt/production of a copy of this order, even if the petitioner does not cooperate, failing which his suspension shall stand revoked from the next date and he shall be entitled to his full salary. Arvind/ ( J. N. Singh, J.)