IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 8086 of 2010 1. SMT. DHARAMSHILA KUMARI W/O SRI BALDEO PRASAD R/O MOHALLA- RAMCHANDRA PUR, BIHAR SHARIF, DISTT.- NALANDA, AT PRESENT HEADMISTRESS, SECONDARY SCHOOL, NOORSARAI, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR (SECONDARY EDUCATION), BIHAR, PATNA 3. THE REGIONAL DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA 4. THE DISTRICT EDUCATION OFFICER, NALANDA ----------- 2 29.09.2010 The petitioner is the Headmistress of Secondary School, Noorsarai, District – Nalanda. She challenges Annexure-1 being order of the Director (Secondary Education), Government of Bihar, Patna dated 15.01.2010 as communicated to her under Memo No 156 dated 03rd February, 2010. By the aforesaid order, in view of criminal case against her and alleged unauthorised absence, she has been put under suspension pending departmental proceedings. Petitioner states that the criminal case is a misconceived case instituted by her daughter-in-law because of which she had to remain absent. In the said case, she has been granted anticipatory bail by the Sessions Judge and there is no ground for suspension. In my view, that cannot be looked into at this stage. Learned counsel for the petitioner then submits that in view of Rule 9 (7) of the Bihar CCA Rules, 2005 as no chargesheet has been framed as yet, the order of suspension has to stand revoked. The writ petition was filed in May, 2010 with a positive statement that though the order of suspension has been passed in the month of January, 2010 but no chargesheet has been framed much less served on the petitioner. We are 2 now in September, 2010. The situation has not changed. In that view of the matter, in view of Rule 9 (7) of the Bihar CCA Rules 2005, the suspension order would be deemed to be revoked. However, it is made clear that in case charges were framed within three months of the order of suspension or order extending period of suspension had been passed and chargesheet prepared and served within the extended period of four months, this order would not take effect. The writ petition is, accordingly, disposed of. M.E.H./ (Navaniti Prasad Singh)