IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 15705 of 2010 Lalan Kumar, son of late Sargun Gope Agrawal, resident of Mohalla – Azad Nagar Colony, Murtzachak Lane, P O – Mirzanhat, P S – Mojahidpur, District – Bhagalpur - Petitioner Versus 1 The State of Bihar 2 The Director, Primary Education, Government of Bihar, Patna 3 The District Magistrate, Bhagalpur, District – Bhagalpur 4 The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur 5 The District Superintendent of Education, Bhagalpur, District - Bhagalpur - Respondents *** For the petitioner : M/s Sharda Nand Mishra, Dhananjay Kr Gupta, Deepak Kr, Advocates For the S t a t e : Mr Alok Ranjan, J C to G P IX *** 2 25.10.2010 The petitioner is a Teacher in Government School. By order of the District Superintendent of Education, Bhagalpur, as communicated under Memo No 1273 dated 13th June 2009, petitioner has been suspended and in the said order, it is clearly stated that the chargesheet would follow. Petitioner states that it is much over one year now but no chargesheet has been framed or served on the petitioner and the suspension is continuing. He, thus, prays for revocation of suspension. Petitioner relies on sub-rule (7) of Rule 9 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 wherein it has been specifically provided that charges must be framed within three months of suspension and if they are not so framed, unless an order is passed extending suspension by another four months for reasons to be recorded, the suspension would stand revoked. In the present case, almost one and a half years elapsed, no charges have been framed. 2 In that view of the matter and in view of the decision of the Full Bench in the case of State of Bihar & Others –Versus- Gyan Kumar Ram since reported in 2009 (4) PLJR 272, the order of suspension of the petitioner stands revoked with immediate effect. The authorities shall be free to conduct a departmental proceeding accordingly. This Court has not spoken about any allegation or about any fact or merit in the matter provided this order of this Court shall not have the effect if charges have been framed and served on the petitioner on any time earlier. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)