IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15299 of 2010 1. SHRI BHAGWAN DAS S/O LATE MEGHA DAS R/O VILL MADHOPUR, P.S.MANER, DISTT-PATNA Versus 1. THE STATE OF BIHAR , THROUGH THE SECRETARY, DEPARTMENT OF HEALTH GOVERNMENT OF BIHAR AT PATNA 2. THE DIRECTOR, HEALTH DEPARTMENT GOVERNMENT OF BIHAR, AT PATNA 3. THE CHIEF MEDICAL OFFICER-CUM-CIVIL SURGEON JEHANABAD 4. THE SUPERINTENDENT , SADAR HOSPITAL JEHANABAD 5. THE DISTRICT MAGISTRATE JEHANABAD FOR THE PETITONER: M/S NIHAR NANDAN AMBASTHA PRAVEEN KUMAR FOR THE STATE: MR. C.L.N.SINGH S.C.I ----------- 2. 28.04.2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was suspended because he was accused with embezzlement of Govt. fund to the tune of Rs. 1,52,780/-. Criminal case was instituted so was a departmental proceeding initiated. Petitioner’s grievance is that suspension order relates to the year 2008 but neither of the two proceedings have moved at a speed which will lead to some kind of finality. There is an evidence to show on the basis of the pleadings or the statement filed on behalf of the State that the final Inquiry Report has not been submitted. Though there is not a clear assertion made by the petitioner as to what is the 2 stage of the enquiry. An employee cannot be put under suspension indefinitely and status has to be brought to an end one way or the other. Materials come during enquiry the consequences will flow if nothing is found the employee is entitled to go back to the post he was holding prior to the allegations or the charges which was levelled against him but dragging its feet on the issue, does not help the administration. Since there is no clear assertion either by the State or the petitioner as what is taking so long in conclusion of the enquiry. The court can only direct with the Inquiry Officer to complete the proceeding at the earliest and submit his report, if the enquiry has otherwise been completed. If it is not so done even how it is not too late to do so. This writ application is disposed of with a direction that the matter must be taken to its logical and a period of four months from the date of production of a copy of this order is fixed for concluding the enquiry. Nitesh (Ajay Kumar Tripathi, J)