IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17524 of 2009 1. MOHAN MANDAL S/O LATE BALDEO MANDAL PEON, SADAR SUB-DIVISION, DARBHANGA, DISTT.- DARBHANGA, R/O AT P.O. AND P.S. KATIHAR, DISTT.- KATIHAR Versus 1. THE STATE OF BIHAR 2. SRI SANJEEV KUMAR SINHA, COMMISSIONER, DARBHANGA DIVISION AT, P.O. & DISTT.- DARBHANGA null null 3. THE DISTRICT MAGISTRATE, DARBHANGA AT, P.O. & DISTT.- DARBHANGA null null 4. THE SENIOR OFFICER-IN-CHARGE, ESTABLISHMENT SECTION-CUM-ADDITIONAL COLLECTOR, DARBHANGA AT, P.O. & DISTT.- DARBHANGA null null 5. SUB DIVISIONAL OFFICER, SADAR SUB-DIVISION, DARBHANGA AT, P.O. & DISTT.- DARBHANGA null null 6. THE BLOCK DEVELOPMENT OFFICER, ALINAGAR, AT, P.O. & DISTT.- DARBHANGA ----------- 2. 23.02.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was placed under suspension by an order dated 12.11.2009 in contemplation of a departmental proceeding. Reliance is placed upon Rule 9(7) of the Bihar C.C.A. Rules 2005 to urge that charges having not been framed within three months the suspension stands revoked. Two counter affidavits are stated to have been filed on behalf of the State. Both of them are not available on record. This Court therefore requested the Counsel for the State to make available his copy so that proceedings of the Court may not be held up for that reason. Let the office place on record the original counter affidavits stated to have been both filed on 19.2.2010. The second counter affidavit stated to have been affirmed on 19.2.2010 states in Para 8 that chargesheet has been asked for. The writ petition has been filed on 14.12.2009 before expiry of three months from the date of suspension. There is no pleading on record that the petitioner has made any application for revocation of his suspension after expiry of three months on the ground that charges have not been framed. If the petitioner files a representation for revocation of his suspension on the ground of expiry of three months and that charges had not been framed the respondents are required to consider the same in the light of their own statement on oath that till 19.2.2010 charges had not been framed in the light of the discussion contained in the Full Bench judgment of this Court reported in 2009(4) PLJR 272 (State of Bihar & ors. Vrs Gyan Kumar Ram & ors), more particularly Para 20, within a maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)