IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17821 of 2010 SANJAY son of Yogeshwar Prasad, resident of village – Nawa Nagar, P S – Nawa Nagar, District – Buxar Versus 1. THE STATE OF BIHAR through the Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2. The Regional Deputy Director of Education, Patna Division, Patna. 3. The District Education Establishment Committee, Buxar through its Chairman i.e. the District Education Officer, Buxar. 4. The District Superintendent of Education, District – Buxar. 5. The Block Education Extension Officer, Dumraon-1, District – Buxar. ----------- 02. 30.11.2010 On 11.7.2005 the District Superintendent of Education, Buxar suspended the petitioner, who happened to be an Assistant Teacher in Primary School, Pipari, Dumraon. Allegation made in the suspension order is that he had been absent without any authority or reason. Learned senior counsel for the petitioner submits that neither any proceeding has been drawn up nor any action has been taken by the respondents after passing the suspension order. After all the petitioner cannot be kept under suspension awaiting so-called contemplated disciplinary action. Since suspension is not treated as a punishment the petitioner cannot be left under suspension for indefinite period. Learned counsel for the State wants time to file counter affidavit after seeking instruction. Court is not inclined to grant any indulgence in view of the fact that the impugned order per say requires to be interfered with looking at the time span for which it has been in existence against the petitioner. The writ application is disposed of after quashing 2 Annexure-2 with a rider that if the disciplinary proceeding has already been initiated it will be taken to its logical end and if it has not been initiated it is left to the respondents to use their wisdom on the issue. So far as the suspension order is concerned that is required to be set aside because the petitioner cannot remain under suspension for an indefinite period without any follow up action being taken in this regard. The writ application is allowed with liberty as above. rkp ( Ajay Kumar Tripathi, J.)