IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7355 of 2009 RAMESH KUMAR SON OF LATE UDIT NARAYAN PURVEY, AGED ABOUT 46 YEARS, RESIDENT OF 14 KIDWAIPURI, P.S. KOTWALI TOWN AND DISTRICT PATNA. Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY CUM COMMISSIONER DEPARTMENT OF SCIENCE AND TECHNOLOGY , GOVT. OF BIHAR, TECHNOLOGY BHAWAN VISHEWESHWARIA BHAWAN, BAILY ROAD, PATNA. 3. DIRECTOR DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVT. OF BIHAR. 4. PROJECT DIRECTOR INDIRA GANDHI SCIENCE COMPLEX PLANETARIUM, PATNA. ----------- 2/ 02-07-2009 Heard learned counsel for the petitioner and the State. Petitioner was arrested while accepting bribe and when he was in custody, was placed under suspension vide office order dated 22.06.2007 issued by the Project Director, Indira Gandhi Science Complex Planetarium, Patna. It is submitted on behalf of the petitioner that from perusal of the impugned order, as contained in Annexure-1 itself it will appear that the suspension was for the period of custody and after he was released he submitted his joining on 06.01.2008 and in the light of the provisions, contained in Bihar Civil Services (Classification Control and Appeal) Rules, suspension order passed for the period while the petitioner was in custody ought to have been recalled and the authorities if wanted to place the petitioner under suspension during the pendency of the - 2 - criminal case then a fresh order was required to be issued. Highlighting this fact the petitioner has filed representation dated 20.02.2008. Let the Secretary of the Executive Committee, Bihar Council of Science and Technlogy, consider the same in accordance with law. While considering the representation the authorities are at liberty to pass fresh order of suspension for the period of custody. The salary for the period of suspension shall be subject to the result of the criminal case. With the aforesaid observation/ direction this writ petition is disposed of. ( V. N. Sinha, J ) BTiwary/