JUDGMENT Bhagabati Prasad Banerjee, J: This is an application for stay of operation of the order passed by the learned trial Judge dated 5th July, 1995. By that order the learned Judge has set aside the order of suspension dated 11th July, 1994 passed in contemplation of the departmental enquiry started in exercise of the power conferred by clause (a) of sub-rule 1 of Rule 7 of the West Bengal Services (Classification, Control and Appeal) Rules 1971. 2. The writ application was filed challenging the validity of the said order of suspension on 5th July, 1994. The learned trial Judge set aside the order of suspension on the ground that the disciplinary proceeding has not been started and the order of suspension has been prolonging illegally i.e. why the same was set aside by giving liberty to the appellant to issue a fresh order of suspension along with the charge-sheet. 3. This Court is not in a position to know what are the nature and extent of the charges and whether there are good or sufficient reason for prolonging the period for issuing the charge-sheet in the matter and at the same time the writ petitioner/respondent was not in a position to say that he was completely innocent and has been wrongly involved in a disciplinary proceeding. In view of his statement before the authorities concerned by a petition dated 2nd September, 1994 that there may be a case of omission or commission or some error on his part due to over-sight he may be kindly excused. So far as issue of charge-sheet after passing the order of suspension no limitation has been prescribed. Under the law reasonable period is also to be taken when there is an order of suspension in contemplation of enquiry. 4. In our view the appellant should have been given an opportunity to issue a charge-sheet within certain time and on the failure to issue the chargesheet within that time the order of suspension should be directed to be revoked. There may be some delay or laches or negligence on the part of the appellant but they must be called upon to exercise their statutory duties. But in the instant case that has not been done. 5. There may be some delay or laches or negligence on the part of the appellant but they must be called upon to exercise their statutory duties. But in the instant case that has not been done. 5. In the instant case we cannot uphold the decision of the learned Judge in setting aside the order of suspension simply because the charge-sheet was not given immediately after the order of suspension was passed. The nature and extent of the charge is an important matter bearing on the issue of limitation for issuing a charge-sheet and accordingly we direct the appellant to issue a formal charge-sheet in accordance with law within a period of three weeks from today as prayed for and in default the order of suspension shall stand revoked. But as the respondent/petitioner is retiring on 30th June, 1996 all efforts should be taken to conclude the departmental proceedings before the date of retirement and it is also made clear that with the continuance of the departmental proceeding after retirement will arise if the case comes squarely within the scope and ambit of Rule 10(7) of the West Bengal Service (Death-cum-Retirement Benefit) Rules 1971. 6. If this case does not come within the scope and ambit of Rule 10(1) of the aforesaid Rule and the departmental proceeding could not be completed for that reason the authorities concerned should make all its endeavour to conclude the departmental proceeding before the writ petitioner/respondent retires from service. 7. It is also made clear that if the charge-sheet is not submitted within three weeks from this date in that event the order of suspension shall stand revoked and the petitioner be paid all his salaries and emoluments as if he was in duty. 8. Accordingly the order of the learned Judge is set aside. 9. In view of the aforesaid order the appeal is also taken up for hearing and is also disposed of. 10. There will be no order as to costs. Dibyendu Bhusan Dutta, J.: I agree. Application and Appeal allowed.