IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12351 of 2011 Nand Kishore Prasad Sah,s/o Ramashish Prasad Sah,resident of village Gidha Phulwaria,P.O.Suhaigardh,Police Station Runni Saidpur, District- Sitamarhi, Bihar ……….. Petitioner Versus 1.The State of Bihar, through Chief Secretary, Patna. 2. Secretary rural Development, Patna. 3District Magistrate-cum-Deputy Development Commissioner, Sitamarhi. 4. District Panchyat Raj Officer, Sitamarhi. 5. Sub-divisional Officer, Belsand, Sitamarhi. 6. Block Development Officer, Belsand, Sitamarhi. 7. Dhirendra Kumar Jha, village Development Worker, Gram Panchyat Dumara Nunaura, Block Belsand, Sitamarhi. ……… ….Respondents. ---------------------------------- 2 03.08.2011 Heard learned counsel for the petitioner as well as learned counsel appearing for the State. The petitioner was suspended by order dated 30.8.2008 passed by the District Magistrate, Sitamarhi. Pursuant to the same it appears that departmental proceeding was also initiated and the petitioner asked to submit his show cause. Learned counsel for the petitioner submits that he had already submitted his show cause and enquiry has also been held and report submitted before the District Magistrate, Sitamarhi. He submits that for reasons best known to the District Magistrate, Sitamarhi he has tried to differ with the inquiry report and in that view of the matter no further progress has been made in the said departmental proceeding against him. Learned counsel of the petitioner submits that in view 2 of this, he is unnecessarily suffering for no fault on his part. After hearing the learned counsel for the parties and after perusing the record, this Court finds that the District Magistrate, Sitamarhi is not justified in keeping the matter pending. He is obliged to take a decision one way or the other on the enquiry report, the law being settled that he has the power to differ with the findings/ recommendations but then he must disclose his reasons and then send a copy of the report and second show cause alongwith his reasons for differing. He is also obliged to ask the delinquent (writ petitioner) to show cause as to what defense he has put with regard to the points on which he has differed. In the present case the matter is pending and a representation was filed before the District Magistrate, Sitamarhi to decide what action should be taken. This Court feels that such inaction on the part of the District Magistrate is deplorable. The petitioner is under suspension for almost three years which is neither in public interest nor in the interest of administration that he is kept under suspension without concluding the departmental proceeding. Under the circumstances, this Court directs the District Magistrate, Sitamarhi to take a final view on the enquiry report and accordingly, proceed in accordance with law so that final orders are passed in the departmental proceeding. Let the same be done within four months from the date of production/receipt of a copy of the order upon the District 3 Magistrate, Sitamarhi. This Court would also like to make it clear that the petitioner shall also cooperate in the departmental proceeding. The writ petition stands disposed off. Sudha ( Ahsanuddin Amanullah, J.)