IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7460 of 2009 SAJJAD AHMAD Versus THE STATE OF BIHAR & ORS ----------- 2. 07.11.2009 Heard learned counsel for the petitioner and the State. The petitioner was suspended by an order dated 8.8.2008 under Rule 9(1)(a) of the Bihar CCS Rules, 2005 when the order also stated that the charges were proposed to be issued. The suspension was, therefore, clearly in contemplation of a departmental proceeding. The petitioner had also been taken into custody and after release joined on 24.5.2008. Thereafter a fresh order of suspension has been passed on 3.11.2008 again under Rule 9(1)(a) of the Bihar CCS Rules, 2005 reciting additionally that charges were proposed to be issued separately. Learned counsel for the petitioner submits that the suspension being in contemplation of a departmental proceeding, no charges having been framed within seven months from 3.11.2008, the suspension stands revoked. This factual assertion has also been made in paragraph 24 of the writ application. The issue of law involved stands decided by the Full Bench of this Court in 2009(4) PLJR 272. The writ application is disposed with directions to Principal Secretary, Rural Works Department to examine the issues on facts in light of the judgment of the Full Bench and give consequential legal effect to the order of suspension in accordance with law discussed thereunder. 2 Should the Principal Secretary be of the opinion that the petitioner was differently situated and was not covered by the decision of the Full Bench, he shall be obliged to grant a personal hearing to the petitioner and then pass a reasoned and speaking order highlighting the issues which distinguishes the case of the petitioner from that decided by the Full Bench, so that if judicial review be necessitated the same shall be facilitated. Let such appropriate final decision be taken within a maximum period of three weeks from the date of receipt and/or production of a copy of this order before the Principal Secretary. The writ application stands disposed. AKS/ (Navin Sinha, J.)