IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13471 of 2009 MAHENDRA PRASAD RAI Versus THE STATE OF BIHAR & ORS ----------- 2/ 15/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that the order of suspension dated 12.2.2009 was in contemplation with a departmental proceeding and, therefore, in terms of the order of this Court in L.P.A. No.778/09 the charges were required to be framed within a period of three months thereof, or if extended, within a period of another four months. He submits that the original as also the extended period has long expired and no charges have been served upon the petitioner. Learned counsel for the State rightly draws a distinction in between the service of the charges and the requirement of the Bihar C.C.A. Rules, 2005 with regard to the framing of the charges. The writ application is, therefore, disposed with directions to the District Magistrate, Samastipur to examine the claim of the petitioner in light of the decision of the Full Court in L.P.A. No.778/09 inclusive of the distinction pointed out on behalf of the State between the service of the charges and the framing of 2 the charge, all to be done by a reasoned and speaking order within a maximum period of two months from the date of receipt/production of a copy of this order. On the findings of the District Magistrate shall depend the continuance or non-sustenance of the suspension. The writ application stands disposed. KC ( Navin Sinha, J.)