IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3808 of 2010 1. MAHESH KANT CHOUDHARY S/O LATE HARI PRASAD CHOUDHARY R/O VILL &P.O. LAGUNA,P.S.SAKATPUR,DISTT-DARBHANGA Versus 1. THE STATE OF BIHAR ,THROUGH ITS CHIEF SECRETARY BIHAR,PATNA 2. THE COLLECTOR DARBHANGA 3. THE DISTRICT PANCHAYAT RAJ OFFICER DARBHANGA 4. THE ADDITIONAL COLLECTOR DARBHANGA 5. THE DISTRICT EDUCATION OFFICER DARBHANGA 6. THE SUB-DIVISIONAL OFFICER SADAR,DARBHANGA 7. THE CIRCLE OFFICER BAHERI ,DARBHANGA 8. THE BLOCK DEVELOPMENT OFFICER BAHERI ,DARBHANGA ----------- For the petitioner: Mr Kaushalesh Choudhary,Advocate For the State : Nagendra Sharma, AC toGP 8 ------ 2. 16.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was placed under suspension on 13.5.2009 and departmental proceedings initiated on six charges. The proceedings have been concluded and report is stated to have been submitted on 19.12.2009 exonerating the petitioner of all the six charges noticing that it was the Department which despite grant of adequate opportunity did not cooperate leading to the Enquiry Officer coming to his own conclusion. The submission is that not only was the subsistence allowance not paid but the departmental proceedings remained inconclusive till date with no final orders of the disciplinary authority. Counsel for the State submits that appropriate directions for expeditious conclusion of the departmental proceedings may be given. Suspension is a measure resorted to pending departmental proceedings to facilitate enquiry and to prevent embarrassment to the employee concerned so that the proceedings are held in a non vitiated atmosphere. Once the departmental enquiry has been concluded, there may not be sufficient justification for continued suspension specially when there is a enquiry report of exoneration and the proceedings appear to remain inconclusive for no fault of the delinquent. The respondents are directed to reconsider the issue of continued suspension of the petitioner in that light and pass appropriate orders within a maximum period of two months from the date of receipt and/or production of a copy of this order. If the petitioner has not been paid his subsistence allowance as alleged, the respondents are further directed to pay the subsistence allowance within a maximum period of four weeks from the date of receipt and/or presentation of a copy of this order from the date of suspension as the case may be thereafter. In so far as the departmental proceedings are concerned, if an enquiry report has been submitted, let the respondents conclude the departmental proceedings expeditiously in accordance with law within a maximum period of four months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)