IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10689 of 2009 BIJAY KUMAR, SON OF LATE RAM LAKHAN PRASAD, RESIDENT OF VILLAGE DHANKURIA, P.S. BELHAR, DISTRICT BANKA AT PRESENT ADARSH BIHAR COLONY, RUKUMPURA, P.O. B.V. COLLEGE, PATNA----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, RURAL WORKS DEPARTMENT GOVERNMENT OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY, RURAL WORKS DEPARTMENT, GOVT. OF BIHAR, PATNA ----RESPONDENTS. ----------- 02. 27.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Executive Engineer in the Rural Engineering Organization, Rural Works Division, Biharsharif and is aggrieved by his suspension order bearing notification No. 8457 as contained in Memo No. 8458 dated 21.10.2008, Annexure-1, whereunder he has been placed under suspension in contemplation of departmental proceeding in terms of the provisions contained in Rule-9(1)(ka) of the Bihar Government Servant(Classification Control and Appeal), Rules, 2005(hereinafter referred to as “the Rules”). 3. It is submitted on behalf of the petitioner that till date neither the memo of charge has been served nor his period of suspension has been extended and his continued suspension is violative of the provisions contained in Sub-Rule(7) of Rule-9 of the Rules. 4. Let the petitioner represent before the authorities of the Rural Works Department and if the authorities of the department are satisfied that his continued suspension is violative of the provisions contained in Sub-Rule(7) of Rule-9 of the Rules then the authorities shall be obliged to recall the suspension order. In case the authorities - 2 - are of the view that the continued suspension of the petitioner is not violative of the provisions contained in Sub-Rule(7) of Rule-9 of the Rules then they shall be obliged to pass order giving reasons in support of their order. The order should be passed in the light of this order 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.)