IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18093 of 2009 1. VANSH NARAYAN PRASAD S/O SATYA NARAYAN PRASAD R/O VILL JAMHURI, P.S.BIKRAMGANJ, DISTT-ROHTSH Versus 1. THE STATE OF BIHAR 2. THE REGISTRAR,SAHYOG SAMITIAN BIHAR, PATNA 3. THE JOINT REGISTRAR PATNA PRAMANDAL , PATNA ----------- 2. 15.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was made an accused in Vigilance case leading to custody on 24.6.2009 when his order of suspension followed on 30.7.2009 on account of such custody under Rule 9(2) of the Bihar C.C.A. Rules 2005 (hereinafter referred to as ‘the Rules’). He was released from custody and gave joining on 22.9.2009 which was accepted. Subsequently fresh orders of suspension were passed under Rule 9(3) of the Rules on 12.11.2009 suspending him retrospectively after his joining with effect from 23.9.2009. There can be no retrospective suspension. The law stands settled that if an order can be bifurcated between good and bad parts of the order the Court can set aside the bad part of the order even while upholding good part of order. Applying that principle this Court holds that the suspension of the petitioner with effect from 23.9.2009 is not sustainable. It is accordingly set aside. The petitioner is entitled to his salary from 22.9.2009 till 11.11.2009. His suspension effectively operates from 12.11.2009 with which this Court does not interfere. Charges have already been framed. Let the departmental proceedings be expedited. The application stands allowed only to the extent indicated. Snkumar/- (Navin Sinha,J.)