IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.541 of 2008 DILIP KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the Appellant : Mr. Satyavrat Varma, Advcoate For the Respondents : Additional Advocate General IV ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 23rd July, 2008. Appeal suffers from delay of 12 days, for which an application (I.A. No. 4284 of 2008) has been made. 2. No reply has been filed by the respondents in opposition to the said application. Thus, the cause shown remains untraversed and undenied. We are satisfied that the appellant was prevented by sufficient cause in filing the appeal in time. 3. I.A. No. 4284 of 2008 stands granted. 4. The Additional Advocate General fairly concedes that despite the liberty granted in the impugned order dated 9th May, 2008, the charge-sheet has not been served upon the appellant until date. In the circumstances, he submitted, and in our view, fairly that it is difficult for him to support the order of suspension. 5. We accordingly dispose of the appeal by following order: - - 2 - (i) Order bearing Memo No.1339(11) dated 29th November 2007, passed by the Director-in-Chief, Health Services, Government of Bihar, Patna placing the appellant under suspension is quashed and set aside. (ii) Although a charge-sheet has not been served upon the appellant until now but this will not preclude the respondents in going ahead with the disciplinary proceedings against the appellant in accordance with law. (iii) The order dated 9th May, 2008 passed by the Single Judge stands modified. 6. We order accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-