IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12900 of 2009 UMA SHANKAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2/ 08-10-2009 Heard learned counsel for the petitioner and learned counsel for the State. Since the matter involved in this writ application with regard to the implementation of Rule 9 sub-rule (7) of the Bihar CCA Rules, 2005 arises on issues of facts only, it is considered desirable to dispose off this writ application at this stage with a direction to respondent no.2 to examine the issues of facts. If the factual requirements of the statutory provisions stand fulfilled, the statutory provisions shall have to be given full effect by the authorities. Learned counsel for the petitioner submits that the petitioner was taken into custody on 27.01.2007 leading to orders of suspension on 20.03.2007. He was enlarged on bail on 25.06.2007 and submitted his joining on 29.06.2007 when fresh orders of suspension was passed on 30.11.2007. It is not in controversy that the procedure till this stage was in accordance with the rules. After the petitioner was suspended afresh on 30.11.2007, it is urged that no charges were framed within a period of three months and neither was the order of - 2 - suspension extended after expiry of three months by a period of another four months. The entire period of seven months from the date of suspension having lapsed, the order of suspension without framing of charge, lost its force by operation of law, by virtue of Rule 9 (7) of the Bihar C.C.A. Rules 2005. Learned counsel for the State urges that it shall be an issue of fact for determination by respondent no.2, if charges were framed within three months from 30.11.2007 or not as distinct from service of the charge. Likewise it shall again be an issue of fact whether an order for extension of suspension was passed within three months or not. If it was extended, then it shall be again an issue of facts whether the charge was framed within a period of four months of the order. The question of the applicability of the orders of this Court in C.W.J.C. No. 1780 of 2008 and 7159 of 2009 relied upon by the petitioner, depend on the determination of the aforesaid facts. The writ application is, therefore, disposed of with a direction to respondent no.2 to record his finding on these foundational facts on which shall depend the legality of the continuing suspension and/or lapsing of the same in accordance with the statutory provisions. Let such an appropriate decision be taken by - 3 - respondent no.2 by a speaking order within a maximum period of one month from the date of receipt/production of a copy of this order after granting hearing to the petitioner, and a reasoned order passed. The writ application is thus disposed off. ( Navin Sinha, J ) BTiwary/