IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.199 of 2009 DEVENDRA KUMAR Versus THE STATE OF BIHAR & ORS ----------- 3. 18.02.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order of his suspension dated 14.12.2006, factually suspending him with effect from 24.11.2006. Learned counsel for the State submits on instruction that the charges have been framed and served upon the petitioner on 21.8.2008. Rule 9(7) of the Bihar (C.C.A.) Rules, 2005 required the Respondents to frame and serve memo of charges within a period of three months or in an extended period of another four months. Admittedly that has not been done in the present case, when the charges have been framed and served well beyond the statutory time. The petitioner cannot be allowed to remain indefinitely under suspension obviously because of pendency of Vigilance Case No. 8 of 2005 against him. Learned counsel for the petitioner places before this Court an order in CWJC No. 15387 of 2008 dated 30.1.2009 in context of another petitioner suspended in pursuance of Vigilance P.S. Case No. 8 of 2005 on 8.6.2005 when memo of charges were served belatedly on 8.3.2007. This Court directed the departmental proceedings to be concluded within a fixed period, failing which 2 suspension shall lapse. The departmental proceedings were not concluded when the petitioner therein had to approach this Court in contempt application for enforcement of the order of this Court. In that background, this Court in CWJC No. 15387 of 2008 while deciding the order of suspension observed that it hopes and expects that the petitioner therein shall also not have to come to the High Court for enforcement in the contempt jurisdiction. The order of suspension dated 24.11.2006 is set aside. The departmental proceedings are to be completed within a period of four months. The time framed shall apply provided the petitioner himself cooperates. If there are any dues of the petitioner of subsistence allowance for the period of suspension and the petitioner represents for the same, this Court expects that the authority shall consider the same in accordance with law and pay the legitimate dues, if any, expeditiously from the date of filing of the representation without any unnecessary delay. The writ application stands allowed. AKS/ (Navin Sinha, J.)