IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17205 of 2008 SHASHI BALA NATH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : M/s Ranjeet Kumar, Dilip Kumar,Ajay Kumar Tripathi and D.K.Verma, Advocates For the State : AC to SC 12 ------- 2. 04.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. No counter affidavit has been filed on behalf of the respondents. The challenge in this writ application relates to the order of suspension dated 21.8.2008 in support of which learned Counsel relies upon Rule 9 (7) of the Bihar (C.C.A) Rules, 2005. The Rules provide that chargesheet has to be framed within three months. According to the petitioner, this period has already expired. The Rules themselves provide further that this period can be extended by another four months, but for reasons to be recorded in writing. If no chargesheet is framed within this extended period of four months the suspension shall stand revoked. The original order of suspension lapses after three months unless it has been extended by an order in writing for a period of another four months. If the respondents have not passed any order for extension of the period of three months from the date of suspension, the suspension stands revoked by operation of law. However if they have extended the suspension for another period of four months the suspension shall remain valid for the extended period and unless charges have been framed within the extended period the suspension order shall stand revoked. The respondents are therefore directed to examine the claim of the petitioner in light of the statutory provisions and in the event they arrive at a finding of fulfillment of the statutory requirements they shall be obliged to pass a reasoned and speaking order. If no statutory orders have been passed after expiry of first three months of suspension or charges have not been framed within the period of extension, if any, the suspension of the petitioner shall stand revoked either after the period of three months or the extended period of four months, as the case may be. The writ application stands disposed off in the aforesaid terms. Snkumar/- (Navin Sinha,J.)