IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16958 of 2009 1. PREM NARAYAN SINGH S/O LATE ANAND PRASAD SINGH R/O VILL- MEGHAUL, P.S. KHODABANDPUR, DISTT. BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 2. THE COLLECTOR BEGUSARAI 3. THE DISTRICT SUPERINTENDENT OF EDUCATION BEGUSARAI, P.S. AND DISTT. BEGUSARAI 4. BLOCK DEVELOPMENT OFFICER KHODABANDPUR, P.S. KHODABANDPUR, P.S., DISTT. BEGUSARAI 5. BLOCK EDUCATION EXTENSION OFFICER KHODABANDPUR, P.S. KHODABANDPUR, DISTT. BEGUSARAI 6. BLOCK EDUCATION OFFICER KHODABANDPUR, P.S. KHODABANDPUR, DISTT. BEGUSARAI 7. BLOCK EDUCATION OFFICER BAKHARI, P.S. BAKHARI, DISTT. BEGUSARAI 8. IN-CHARGE HEAD MASTER MIDDLE SCHOOL MEGHAUL, P.S. KHODABANDPUR, DISTT. BEGUSARAI ----------- 4 13/05/2011 On 30.3.2010 this Court recorded that the suspension order of the petitioner dated 5.11.2009 in contemplation of a departmental proceeding seems to be hit by Rule 9(vii) of the Bihar C.C.A. Rules, 2005 as no charges had been framed within three months of the issuance of order of suspension or no order had been passed extending that period for reasons recorded in this regard. Learned counsel for the State was granted time to - 2 - seek instruction and state the factual position within four weeks. It is over a year now. The respondents have not responded in any manner by filing any kind of affidavit. Why this has not been done is for the respondents to find out but so far as the Rules in question and the abrasion thereof is concerned, in absence of any rebuttel, annexure-1 dated 5.11.2009 is quashed. So far as departmental proceeding is concerned, they will be governed by the Rule in question. In view of the above, this writ application as also I.A. No. 5365 of 2010 are disposed of because there is nothing further left to be decided in the matter. AMIN/ (Ajay Kumar Tripathi, J.)