IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.724 of 2010 Harijee, son of Late Vijay Singh, resident of While House Compound, Gaya, PS Civil Lines, District Gaya, at present working as Storekeeper, Printing Press and Forms, Gaya – petitioner. Vs. 1. The state of Bihar, 2. The Secretary cum Commissioner, Department of Finance, Bihar, Patna. 3. The Under Secretary cum Director (Press), Govt. of Bihar, Patna. 4. The Superintendent, Press and Forms, Gaya Jail Press, Gaya. 5. The Deputy Superintendent, Press and Forms, Gaya Jail Press, Gaya – Respondents. 2 16.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order of suspension, dated 1.10.2009, contained in Annexure 1 to this writ petition. Counsel for the petitioner submits that the petitioner has been suspended for indulging in a fist fight with one of the co-worker. It is submitted that the said co-worker has denied the occurrence vide Annexure 3, dated 14.8.2009. Learned counsel also submits that although two persons were involved in the said occurrence, the petitioner alone has been suspended which smacks of malafide. It is finally submitted that although a departmental proceeding is contemplated against the petitioner, no charge sheet has been submitted till today. Learned counsel also refers to sub-rule (7) of rule 9 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. Sub-rule (7) envisages that charge sheet must be framed within three months from the date of issue of suspension order failing which on expiry of three months, the suspension order shall be revoked unless the authority, which issued the suspension order, 2 passes the order renewing the suspension along with the reasons to be recorded in writing for the delay in framing of charge sheet for a further period of four months. As per the rule three months has already expired and apparently there is no order extending the period as envisaged by aforesaid rule. In the circumstances respondent no.4 is directed to pass an order revoking the suspension of the petitioner on receipt / production of a copy of this order. This writ petition is allowed with the aforesaid observation. haque (Sheema Ali Khan, J.)