In the High Court of Judicature at Patna C.W.J.C.No. 11245 of 2009 Bindeshwari Prasad, S/o- Sri Kailash Prasad, Resident of Village- Kusha, P.O.+P.S.- Narhat, District- Nawadah :---- Petitioner. -Versus- 1. The State of Bihar through Under Secretary, Personnel & Administrative Reforms Department, Government of Bihar, Patna. 2. The Under Secretary, Personnel & Administrative Reforms Department, Government of Bihar, Patna. 3. The District Magistrate, Madhubani. 4. Sub Divisional Officer, Phulparas, District- Madhubani. :--- Respondents. 2. 01.09.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is a Deputy Collector and member of the Bihar Administrative Service. He is aggrieved by the resolution of the Government bearing Memo No. 7997 dated 30.07.2009, Annexure-1 whereunder he has been placed under suspension for being under unauthorized absence as also for not obeying the orders of the superior and also for misusing the official position inasmuch as he is said to have signed a backdated cheque and misused his position to pressurize persons for signing the incorrect list of the beneficiaries of the Indira Housing Scheme. 3. It is submitted on behalf of the petitioner that the aforesaid three counts on which the order has been passed is wholly non est as petitioner in compliance of the orders of the District Magistrate had gone to attend the meeting at Hyderabad which fact was duly informed to all concerned. In the circumstances, the charge of unauthorized absence and insubordination is not made out. The allegation in regard to misusing the official position is also misconceived as he neither signed the backdated cheque nor forced any one to sign the incorrect list of beneficiaries of the Housing - 2 - Scheme and allegations to the contrary is absolutely incorrect. 4. Having heard the counsel for the petitioner and the State, in the background of the submissions made before this Court, I deem it expedient to direct the petitioner to file a representation before the State Government along with a certified copy of this order for recall of the order bearing Memo No. 7997 dated 30.07.2009, Annexure-1 and the said representation be considered and disposed of by the competent authority as early as possible, in any case within a period of one month from the date of its receipt after giving opportunity of being heard to the petitioner. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)