IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9929 of 2009 RAMESHWAR BHAGAT, S/O LATE BHAGWAT BHAGAT, VILLAGE-SONOUT SARIYA, P.O. GOGA, P.S. MUFASSIL GAYA, DISTT- GAYA. ... ... PETITIONER. Versus 1. THE ELECTION COMMISSION OF INDIA, NIRWACHAND SADAN, ASHOKA ROAD, NEW DELHI-1. 2. THE STATE OF BIHAR. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS,GOVT. OF BIHAR, PATNA. 4. THE UNDER SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. 5. THE COMMISSIONER, DARBHANGA COMMISSIONERY, DARBHANGA. 6. THE DISTRICT MAGISTRATE-CUM-THE DISTRICT ELECTION OFFICER, DARBHANGA. ... ... RESPONDENTS. ----------- 2. 18.8.2009. Petitioner at the relevant time served as Sub Divisional Magistrate, Darbhanga, he is aggrieved by the suspension order bearing Memo No.1852 dated 17.3.2009 (Annexure-1) where under in compliance of the instructions of the Election Commission of India contained in letter no.646 dated 16.3.2009, he was placed under suspension in terms of the provisions contained in Rule-9 of the Civil Services (Classification, Control and Appeal) Rules. It is submitted on behalf of the petitioner that even after lapse of 90 days of the service of the impugned suspension - 2 - order, he has neither been served with the memo of charge nor any order extending the period of suspension has been served on him. In the circumstances, the continued suspension of the petitioner is violative of Sub Clause (7) of Rule-9 of the Civil Services (Classification, Control and Appeal)Rules. Let the petitioner highlight the aforesaid aspect of the matter before the Principal Secretary, Personnel and Administrative Reforms of the State Government by filing representation before him and if the Commissioner is satisfied that the continued suspension is violative of Sub Clause(7) of Rule-9 should recall the suspension order. It is made clear that this Court has not expressed any opinion in the matter. The learned Commissioner should however pass appropriate orders in accordance with law within three weeks from the date of receipt/production of a copy of this order. - 3 - N.H./ This application is, accordingly, disposed of. ( V.N. Sinha,J.)