IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13268 of 2009 KRISHNA MURARI Versus THE STATE OF BIHAR & ORS ----------- 2. 13.10.2009 Heard learned counsel for the petitioner and the State. The petitioner was taken into custody on 31.8.2007. He was released from custody on 10.1.2008. In the meantime, by an order dated 4.1.2008 he was suspended with effect from the date of custody under Rule 9 of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005. The petitioner joined duty on 10.1.2008. It is his contention that thereafter a fresh order of suspension was required to be passed and in absence of which there remained no order of suspension under Rule 9. The fact of the matter is that memo of charges have been served on the petitioner on 2.4.2008 within a period of three months prescribed under Rule 9(7). In view of substantive compliance of the Rules, this Court holds that there shall be a deemed suspension of the petitioner in law with effect from 10.1.2008. Undoubtedly, the petitioner has raised this issue in his reply to the memo of charges. These are matters which can well be considered in the departmental proceedings itself. In view of substantive compliance of Rule 9 of the Bihar Government Servant (Classification, Control & Appeal) 2 Rules, 2005, this court directs the departmental proceedings to be concluded within a maximum period of six months from the date of receipt and/or production of a copy of this order, provided the petitioner himself cooperates. In view of the discussion aforesaid, holding a deemed suspension with effect from 10.1.2008, this court considers it proper to further direct that if the departmental proceedings are not concluded within the period fixed above and in the manner prescribed, after expiry of the same, the suspension shall stand revoked when the departmental proceedings may otherwise continue. The writ application stands disposed. AKS/ (Navin Sinha, J.)