IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19663 of 2010 RAMJI PRASAD KESHRI, S/O LATE HARI PRASAD KESHRI, R/O EAST GALI, UNTA, P.S.-JEHANABAD, DISTRICT-JEHANABAD. .......PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 2. CHIEF ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. SUPERINTENDING ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, BUILDING CIRCLE, SAHARSA. 4. EXECUTIVE ENGINEER, BUILDING CONSTRUCTION DEPARTMENT, BUILDING DIVISION, SAHARSA. ........RESPONDENTS. ----------- 3 16.05.2011 Detailed facts of the case are not required to be noticed as Annexure-6, a letter of the Conducting Officer, namely, Executive Engineer, Building Division, Supaul dated 19.08.2010 addressed to the Superintending Engineer, itself makes it clear that a departmental proceeding is pending against the petitioner and he is also facing a criminal charge in a competent court of law. The Conducting Officer has recommended that till final decision in the criminal proceeding, the departmental proceeding should be stayed and the petitioner should be released from suspension. This recommendation is totally in favour of the petitioner. But the fact that 2 it is in teeth of Government letter no.2324 dated 10.07.2007 referred to in the Government letter no.2959 dated 31.08.2007, a copy whereof is annexed as Annexure-7. It is clear from Annexure-7 that any departmental proceeding should not await for final out come of criminal trial and should proceed and come to its logical end with consequential orders, if any. The Annexure-7 shows that while coming to the conclusion in a departmental proceeding the Disciplinary Authority has also to pass orders with regard to suspension period of the delinquent. But this has to be done only at the time of conclusion of the departmental proceeding and at the stage of the passing of the final order. Admittedly, the departmental proceeding has not concluded against the petitioner and it is pending after the petitioner has filed his reply to the show cause to the charges, vide Anneuxre-5, which it appears has found favour with the Conducting Officer as appears from Annexure- 6. Even if Annexure-6 is considered to be totally in favour of the petitioner i.e. 3 it is just a recommendation by the Inquiry Officer to the Disciplinary Authority. It is the Disciplinary Authority who has to take a final decision in the matter and, therefore, this Court cannot express any opinion in respect of the recommendation made by the Conducting Officer. The Disciplinary Authority has to take final decision as to whether proceeding has to be continued or has to be stayed in view of the criminal proceeding pending against the petitioner and if it has been stayed what further order has to be passed in respect of continuance of suspension of the petitioner. The Court can only observe that this has to be considered and orders have to be passed by the Disciplinary Authority strictly in accordance with law and in terms of the Government instructions. The writ application is disposed of with the aforesaid observations. Arvind/ ( J. N. Singh, J.)