IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13805 of 2009 SUDHANSHU KUMAR CHOUBEY Versus THE STATE OF BIHAR & ORS ----------- 2/ 04/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The short submission is that the order of suspension dated 9.2.2009 states that it was passed under Rule-9(1)(a) of the Bihar C.C.A. Rules, 2005 which reads as follows:- “disciplinary proceeding against the government servant is contemplated or is pending, or” Relying on a Full Bench decision of this Court in 2009(4)272, paragraph-20A, learned counsel for the petitioner submits that the maximum duration of seven months for framing of charges prescribed in Rule-9(7) has expired and charges are yet to be framed, much less served upon the petitioner. This writ application is appropriately disposed with directions to the respondent No.2 to examine this factual aspect of the matter as to whether charges have been framed within the time stipulated in law or not. Needless to state that if charges have not been framed, Rule-9(7) shall have full effect in law for the legal revocation of the suspension in terms of the Full Bench judgement. 2 Let such consideration be done and appropriate speaking order, to facilitate judicial review, should the occasion arise, be passed within a maximum period of four weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)