IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15919 of 2010 SHIVJI PRASAD . Versus THE STATE OF BIHAR & ORS . ----------- 02. 30.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been suspended on 12.5.2009. It is acknowledged that charges have been framed on 14.5.2009. But, it is submitted that the charge was served on the petitioner belatedly on 6.1.2010 calling for his explanation. It is submitted that, if charge is framed and kept in the file without service for over seven months, Rule 9 (7) of the Bihar C.C.S. Rules, 2005 shall apply. It shall amount to a situation where no charges have been framed because framing of charge and keeping the same in the file for beyond the statutory period shall amount to no charges being framed. The words ‘framing of charge’ in the Rules obviously includes within its ambit the issuance of the charge-sheet within reasonable time. The petitioner has requested for revocation of the suspension in the aforesaid light and also for payment of subsistence allowance. Learned counsel for the State submits that, if charges have been framed within three months much less the extended period of seven months and departmental proceedings have commenced, this 2 Court may direct expeditious disposal of the same. Subject to the fulfillment of requirements of Rule 10, payment of subsistence allowance is a statutory right. Let the same be complied with in accordance with law within a maximum period of one month from the date of receipt/production of a copy of this order. If charges have been framed, this Court is satisfied that the grounds urged on behalf of petitioner noted above are issues to be more appropriately considered by the respondents in the request for revocation of suspension made by the petitioner. Let such consideration be done in like manner within a maximum period of one month from the date of receipt/production of a copy of this order. This Court upholds the last submission of the petitioner that the suspension and departmental proceedings being different issues, let the departmental proceedings itself be concluded preferably within a maximum period of six months from the date of receipt/production of a copy of this order provided the petitioner himself co-operates. In the event of his non-co-operation, the authority shall be at liberty to proceed ex-parte also, if necessary, to complete the proceedings within that time. In that event, the respondents shall be required to pass a reasoned and speaking order disclosing the reasons 3 and the need to proceed ex-parte detailing the efforts made to persuade the petitioner to participate, notwithstanding which he refused to participate. The application stands disposed. P.K. (Navin Sinha, J.)