IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.10772 of 2011 Sukhit Narayan SON OF LATE RAM SUKUMAR YASDAV RESIDNET OF BIHRAUNA, P.O. BHAKSHA, P.S. BAHERI, DISTRICT DARBHANGA, JUNIOR ENGINEER AND AT PRESENT TERHAGACHI SECTION, KISHANGANJ. Versus 1. The State Of Bihar 2. THE SECRETARY, RURAL WORKS DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE SPECIAL SECREETASRY, RURAL WOPRKS DEPARTMENT, BIHAR, PATNA. 4. THE SUPERINTENDING ENGINEER, (FLYING SQUAD) , RURAL WORKS DEPARTMENT, BIHAR, PATNA. ---------------------------------- 3 01/08/2011 Submission of learned Senior Counsel for the petitioner is that by having a look at some of the communications which are still flowing from the Principal Secretary, one of them being dated 25.07.2011, that the respondents are still thinking whether to initiate a departmental proceeding against the petitioner or not and in the event of non-existence of the contemplated departmental enquiry no suspension order can be passed under rule 9 of the Bihar State Civil Services (Classification, Control and Appeal) Rules, 2005. Such a submission does not cut much ice with the Court in view of the evidence which has been brought by the petitioner himself by way of annexure-2. - 2 - This is the chargesheet which has been served upon the petitioner in proforma (Ka) leveling out the charges against which the petitioner has to answer. Merely because the respondents have made yet another communication giving opportunity to the petitioner to explain himself, it does not take away the factual position with regard to service of the charge upon the petitioner within the time frame fixed under the Rule. If that be so, no interference with the suspension order is required at this stage. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)