IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.529 of 2009 UMESH KUMAR RAI Versus THE STATE OF BIHAR & ORS ----------- 2/ 26/02/2009 Heard learned counsel for the petitioner, for the State of Bihar and for the Bihar State Bridge Construction Corporation Limited. The petitioner was placed under suspension by order dated 16.8.2007. He came to this Court in C.W.J.C. No.17168/07 assailing the same for alleged breach of Rule-9 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 contending that the suspension stood revoked for reason of non-framing of charges within the statutory period of three months. This Court by its order dated 30.1.2008 noticed that the charges had been framed within the extended period of four months provided for in the Rule, but the extension of the period was not made during the validity of the period of the first three months period, but was sought to be done by a retrospective order. This Court, therefore, while setting aside the suspension, gave directions that the departmental proceedings shall continue. The petitioner assails the memo of charges dated 8.1.2008, noticing which this Court in C.W.J.C. 2 No.17168/07, while setting aside the suspension, gave directions to proceed with the departmental proceedings. Finding it difficult to re-assail the memo of charges, when the petitioner did not do so in C.W.J.C. No.17168/07 and neither was that order carried in challenge before the division bench in L.P.A., learned counsel for the petitioner moulded his submissions for appropriate directions to dispose the departmental proceedings placing reliance on an order passed in C.W.J.C. No.14002/08, preferred by the Executive Engineer, suspected and proceeded against departmentally along with the petitioner on common charges. While declining interference, in any manner, with the order of fresh suspension dated 19.6.2008, this Court only directs for expeditious conclusion of the departmental proceedings within a period of four 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-cooperation, the disciplinary authority shall also be at liberty to proceed ex parte after recording his satisfaction to that effect. If the departmental proceedings in either event, as the case may be, is not concluded within a period of four months, the order of suspension dated 19.6.2008 shall stand revoked in which 3 event the departmental proceedings shall continue. The application stands disposed. KC (Navin Sinha, J.)