IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10088 of 2009 RAJENDRA PRASAD YADAV, SON OF LATE MANGAN PRASAD YADAV, RESIDENT OF MOHALLA MIL TOLA G.B. COLLEGE ROAD, NAUGACHHIA, P.S. NAUGACHHIA, DISTRICT BHAGALPUR AT PRESENT SUSPENDED FROM THE POST OF PANCHAYAT SECRETARY, FROM POSTED AT NARAYANPUR BLOCK FIXING HEADQUARTER WITHIN THE DISTRICT OF BHAGALPUR---PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, BHAGALPUR. 3. THE DISTRICT PANCHAYAT OFFICER, BHAGALPUR. 4. THE BLOCK DEVELOPMENT OFFICER GAJDISPUR DISTRICT BHAGALPUR. 5. THE BLOCK DEVELOPMENT OFFICER NARAYANPUR DISTRICT BHAGALPUR---RESPONDENTS. ----------- 02. 20.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by his suspension order dated 16.2.2009 issued under the signature of the District Magistrate, Bhagalpur,Annexure-1. 3. It is submitted on behalf of the petitioner that his continued suspension is violative of the provisions contained in Sub-Rule(7) of Rule 9 of the Bihar Government Servant(Classification Control and Appeal) Rules, 2005(hereinafter referred to as “the Rules”) as even after passage of more than six months he has neither been served with the memo of charge nor his period of suspension has been extended. It is further submitted that he has also not been paid the subsistence allowance. 4. Let the petitioner represent before the District Magistrate, Bhagalpur highlighting the aforesaid ground taken in this writ application and if the District Magistrate, Bhagalpur is satisfied that his continued suspension is violative of the provisions contained in the Rules then he shall pass appropriate orders in accordance with law as early as possible, in any case within one month from the date of receipt of the representation of the petitioner along with a copy of this order. Subsistence allowance of the petitioner should also be paid within the same time. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)