IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8052 of 2009 Baue Lal Mishra, Son of Late Kapileshwar Mishra, resident of Naya Tola, Hasanpur, Police Station Mahnar, District Vaishali Versus 1. The State Of Bihar through Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna 2. The Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna 3. The Deputy Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna 4. The District Magistrate, East Champaran, Motihari 5. The Sub-Divisional Officer, Sadar Motihari ----------- 02/ 16.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by his continued suspension pursuant to the suspension order, bearing Memo. No. 3008 dated 2.10.2008, Annexure-3 to this application. 3. It is submitted on behalf of the petitioner that the aforesaid suspension order was the subject matter of earlier writ application, bearing CWJC No. 3024 of 2009, which was disposed of under orders dated 5.3.2009, Annexure-1 directing the authorities to act in terms of Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as the Rules) and to serve the memo of charge on the petitioner within the time provided under Sub-rule (7) of Rule 9 of the Rules. It is further submitted that the charge sheet has been served on the petitioner on 15.5.2009 i.e. beyond the time provided under Sub-rule (7) of Rule 9 of the Rules, that too without extending the suspension, as is required under Sub-rule 2 (7) of Rule 9 of the Rules. In view of aforesaid facts, it is submitted that the authorities having failed to extend the suspension, continued suspension of the petitioner has become violative of Sub-rule (7) of Rule 9 of the Rules. 4. Let the petitioner file representation highlighting aforesaid submissions before the Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna, who should consider the same and 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. In the event Secretary is of the view that the suspension of the petitioner was extended and his continued suspension is not in violation of sub- rule (7) of Rule 9 of the Rules, then he shall ensure disposal of the departmental proceeding within three months from the date of his order. 5. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)