IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7237 of 2009 SHAILESH CHANDRA GUPTA, SON OF LATE BISHWANATH PRASAD GUPTA, R/V DULHINGANJ, P.S. JAGDISPUR, DISTRICT BHOJPUR-----PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, CO-OPERATIVE DEPTT. GOVT. OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY CUM CHIEF VIGILANCE OFFICER, CO- OPERATIVE DEPTT., GOVT. OF BIHAR, PATNA. 4. THE SECRETARY, PERSONNEL & ADMINISTRATIVE REFORMS DEPTT. GOVT. OF BIHAR, PATNA------RESPONDENTS. ----------- 02. 01.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time was serving as Assistant in the Co-operative Department of the State Government. He is aggrieved by the office order bearing Memo No. 4609 dated 20.11.2008, Annexure-2 whereunder he has been placed under suspension in terms of the provisions contained in the Bihar Government Servants(Classification, Control and Appeal) Rules, 2005(hereinafter referred to as “the Rule”). 3. It is submitted on behalf of the petitioner that evenafter passage of more than seven months of his suspension, he has not been visited with the memo of charge, as is required in terms of the various provisions of Rules, whereunder he has been suspended and his continued suspension is violative of the provisions of Sub-Rule(7) of Rule 9 of the Rules. Highlighting such fact petitioner has already filed representations dated 9.3.2009 and 12.6.2009, Annexures- 5 and 7. 4. Let the competent authority of the Co-Operative Department, Govt. of Bihar, Patna consider the two representation of the petitioner in the light of the provisions contained in Sub-Rule(7) of - 2 - Rule 9 of the Rules and if he has not been served with the memo of charge within the time prescribed then appropriate orders in accordance with law be passed as early as possible, in any case within one month from the date of receipt/production of a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)