IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16303 of 2009 1. BIRENDRA KUMAR SINGH S/O LATE BHOLA SINGH R/O A-22, BANK MEN COLONY, CHITRAGUPT NAGAR, KANKARBAGH, P.S.PATRAKAR NAGAR, DISTT-PATNA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCE OLD SECRETARIAT, GOVERNMENT OF BIHAR, PATNA 2. DIRECTOR (ADMINISTRATION) CUM JOINT SECRETARY, DEPARTMENT OF HUMAN RESOURCE GOVERNMENT OF BIHAR, PATNA 3. DIRECTOR, MID- DAY-MEAL BIHAR, PATNA ----------- 2. 7.1.2010 Heard learned counsel for the petitioner and the State. The petitioner was placed under suspension on 10.8.2009 in contemplation of departmental proceedings. Rule 9(7) of the Bihar C.C.A. Rules, 2005 provides that if charges are not framed within a period of three months, the order of suspension shall be revoked subject to further conditions provided in the rules. These are subject of interpretation by a Full Bench of this Court in 2009(4) PLJR 272. Placing reliance on the aforesaid judgment, learned counsel submits that the petitioner simultaneous with the expiry of three months had submitted an application on 10.11.2009 that no charges have been framed and, therefore, the authorities are now bound to revoke the suspension. Learned counsel for the State submits that it remains a question of factual verification if charges have been 2 framed within a period of three months or not. The writ application is disposed with direction to the respondents to examine the issue of suspension of the petitioner in light of the aforesaid discussion and the law laid down by the Full Bench, within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)