IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10432 of 2010 1. NARESH PRASAD SINGH, S/O SRI KARU PRASAD SINGH, R/O VILLAGE BIRNOUDHA, P.O. GIRIDHARAI, P.S. SHAMBHUGANJ, DISTRICT- BANKA AT PRESENT P.O. BHAGALPUR, P.S. BARARI ,DISTRICT- BHAGALPUR. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE,BHAGALPUR. 3. THE DISTRICT SUPPLY OFFICER, BHAGALPUR. 4. THE SENIOR DEPUTY COLLECTOR, DISTRICT DISASTER MANAGEMENT BHAGALPUR. 5. DISTRICT DISASTER MANAGEMENT OFFICER, BHAGALPUR. 6. THE JOINT SECRETARY, GOVT. OF BIHAR,PATNA. 7. THE ESTABLISHMENT DEPUTY COLLECTOR, BHAGALPUR. 8. THE ADDITIONAL COLLECTOR, BHAGALPUR. ----------- For the Petitioner: M/s Rajendra Kumar, Jain & Achuta Nand Sinha, Advocates For the State : SC 16 ----- 2. 21.09.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner questions the order of suspension dated 17.5.2010. The ground urged is that three months have expired but no charge has been framed. Counsel for the State submits that no such ground has been taken in the pleadings. He additionally submits that the writ petition has been filed barely a month latter on 29.6.2010 and therefore the period cannot be computed prior to expiry of three months from the date of suspension. Upholding the objection of the State this application is disposed with the observation that if the petitioner represents for revocation of the suspension and if charges have not been framed till presentation of his representation, the respondents are required to consider the same under Rule 9(7) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 in light of the discussions contained in para 20 of the judgment of the Full Bench of this Court reported in 2009(4) PLJR 272 (State of Bihar & others Vs Gyan Kumar Ram & ors.) Needless to add that if after expiry of three months from the date of suspension but before the petitioner represents charges have been framed then in view of the law laid down in the aforesaid judgment suspension of the petitioner shall require no interference. Let appropriate decision be taken by the respondents within a maximum period of six weeks from the date of presentation of the representation. This Court has made no observation with regard to the departmental proceedings which are required to be considered on its own in accordance with law expeditiously. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)