ORDER The petitioner has challenged the order of suspension dated 25th September, 1991, as contained in Annexure-1. 2. The brief fact of the case shows that after suspension of the petitioner made on 25th September, 1991, a departmental proceeding was initiated vide charge sheet dated 25th September, 1991 (Annexure-6). The Commissioner for Departmental enquiry was appointed as Enquiry Officer. 3. It will be evident from Annexure-3 dated 16th June, 1993, that till that date the departmental proceeding was not concluded and the resolution initiating the departmental proceeding was returned back by the Commissioner for departmental proceeding on the ground that the same was defective. Counsel for the petitioner submitted that thereafter no further development has taken place in the matter of departmental proceeding and the same is still pending. 4. It will be evident from the suspension order dated 26th September, 1991 (Annexure-1) that the same has been passed in contemplation of the departmental proceeding. It is more than 3 1/2 years that has passed, but till date the departmental proceeding has not yet been concluded. The petitioner has enclosed the Circular of the State Government dated 6th July, 1981 as contained in Annexure-7, by which it has been laid down that if the departmental proceeding is not concluded within a period of two years, in such circumstances, the suspension order should be revoked. 5. Counsel appearing on behalf of the State accepts the factual position that the departmental proceeding has not yet been concluded and further after the return of the charge sheet from the office of the Commissioner for departmental enquiry, no fresh charge sheet has been framed against the petitioner. 6. On the facts and circumstances, I have no other way but to set aside the order of suspension dated 25th September, 1991, as contained in Annexure-1. However it will be open to the Respondents to proceed with the departmental proceeding, if any, in accordance with law. 7. The writ petition is allowed with the aforementioned observations and directions.