IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10739 of 2010 Surendra Prasad, son of late Rambhajan Mahto, resident of village Meghathan, P.S. Kothi, District Gaya…………………………………………….……Petitioner Versus 1. The State Of Bihar. 2. District Magistrate, Gaya, District Gaya. 3. District Panchayati Raj Officer, Gaya, District Gaya. 4. Sub-Divisional Officer, Sadar Gaya, District Gaya. 5. Block Development Officer, Block Nagar Gaya, District Gaya…………………..Respondents ----------- 2 11.04.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. In this writ application, petitioner has challenged the order of suspension dated 17.05.2010, as contained in Annexure-3. Learned counsel for the respondents, on instructions, informs this Court that draft of charge is still under consideration for approval and the same has not yet been served upon the petitioner. Apparently, more than seven months have passed. In the circumstances, the suspension order as contained in Annexure-3 becomes non est in the eye of law. Hence, the same stands quashed. 2 Respondents will be at liberty to take further steps in the proceeding in accordance with law, if necessary, by issuing a fresh suspension order with service of charge. Since the order of suspension of the petitioner stands quashed, on expiry of seven months from the date of suspension, petitioner will be deemed to be on duty after expiry of statutory period and he shall be entitled for his salary. The writ application is allowed in the manner, as indicated above. BT (J. N. Singh, J.)