SHANKER MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both the parties.

(2.) ON 14th May, 1987, the petitioner was put under suspension in contemplation of a disciplinary proceeding. Soon thereafter on 8th January, 1988, a chargesheet was issued against the petitioner. The petitioner gave a reply to the chargesheet on 27th January, 1988. Subsequently, an Enquiry Officer was appointed but as yet the disciplinary proceeding has not been concluded. No reason is forthcoming as to why the disciplinary proceeding initiated against the petitioner could not be concluded in eighteen years. On 11th April, 2005, I called for counter affidavit by the respondents, no counter affidavit has been filed. The learned counsel engaged by the Government has not been appropriately instructed as to why the departmental proceeding initiated almost eighteen years back could not be concluded one way or the other. It appears that in relation to the selfsame charge, a criminal complaint was lodged against the petitioner and in relation thereto a chargesheet had been submitted on 13th September, 1990. It does not appear that subsequent to the submission of the chargesheet and acceptance thereof by the criminal Court any progress has been made to conclude the criminal trial on the basis of the said chargesheet. The state of affairs is quite unfortunate.

(3.) IN those circumstances, I am granting the respondents three more months time from today to conclude the disciplinary proceeding against the petitioner in accordance with law. Within the said period the final order in the disciplinary proceeding must be passed along with an order under Rule 97 of the Bihar Service Code relating to the suspension of the petitioner. In default of concluding the disciplinary proceedings within the period of three months from today it shall be deemed that the disciplinary proceedings have been dropped by the respondents against the petitioner and as such the petitioner shall be reinstated with full back wages from the date the petitioner was put under suspension.