IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12389 of 2011 Md. Tufail Ahmad S/O Late Md. Akhtar R/O Vill.- Chand Chaur, Rahim Tola, P.S.- Ujiyarpur, Distt.- Samastipur----------- -----------------------------------Petitioner Versus 1. The State Of Bihar 2. Principal Secretary Cabinet Secretariat (Raj Bhasha) Department (Urdu Directorate), Bihar, Patna 3. Director (Urdu), Cabinet Secretariat (Raj Bhasha) Department (Urdu Directorate), Bihar, Patna 4. District Magistrate, Samastipur 5. Block Development Officer, Dalsingsarai Block, Samastipur 6. Block Development Officer, Biraul Block, Darbhanga -------- ----------------------------------------Respondents ---------------------------------- For the Petitioner: Mr. M.K.Thakur, Advocate For the Respondents: Mr. A.C to S.C.-6 ------------------- 3 13.10.2011 Heard learned counsel for the petitioner and learned counsel for the State. Challenge in the present writ petition is to the order dated 17.9.2008 by virtue of which the petitioner has been put under suspension in exercise of power vested in the authority in Bihar Government Servant (Classification, Control & Appeal) Rule 2005. The primary submission made against continuation of the suspension order is that since the respondents have failed to furnish any chargesheet upon the petitioner within stipulated time of three months or the extended time provided for in rule 9, the order of suspension passed almost three years ago can not continue. In this regard learned counsel for the petitioner also relies on a Full Bench decision for the proposition which is the case of State of Bihar & others vs. Gyan Kumar Ram reported in 2009 (4) PLJR 272. In the counter affidavit which has been filed by the respondent there is no denial of this aspect of the matter. In view of the same and keeping in mind the ratio laid 2 down by the Full Bench the order of suspension contain in annexure-1 is hereby quashed. Respondents are directed to permit the petitioner to report back for duty. So far as the departmental proceeding is concerned, it is yet another matter. It also goes without saying that since the petitioner has not been paid subsistence allowance so far he is entitled for the same forthwith after his joining. As for salary for the period of suspension it will be dependent on the outcome of the departmental enquiry. This writ application is allowed with the above direction. RPS ( Ajay Kumar Tripathi, J.)