IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11967 of 2009 KAMESHWAR PRASAD, SON OF HEERA PRASAD, RESIDENT OF VILLAGE, KURMINIYA, P.S. MAHUAWA, DISTRICT EAST CHAMPARAN----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT COLLECTOR, MOTIHARI EAST CHAMPARAN. 3. THE DISTRICT PANCHAYAT RAJ OFFICER, EAST CHAMPARAN, MOTIHARI. 4. THE BLOCK DEVELOPMENT OFFICER, KALYANPUR, DISTRICT EAST CHAMPARAN----RESPONDENTS. For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate. For the Respondents : Mr. Ritesh Kumar, Advocate. ----------- 02. 10.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Panchayat Secretary. He was placed under suspension by the Collector, East Champaran vide order bearing Memo No. 1037 dated 31.8.2007, Annexure-4. Perusal whereof indicates that he has been placed under suspension with reference to the powers contained in Rule-9(1)(a),(c) of the Bihar Government Servant(Classification, Control and Appeal) Rules, 2005(hereinafter referred to as “the Rules”), which inter alia empowers the disciplinary/controlling authority to place the delinquent Government servant under suspension in contemplation of the departmental proceeding and pendency of criminal case. 3. It is submitted on behalf of the petitioner that reference of both the provisions of the Rules under order dated 31.8.2007, Annexure-4 is wholly misconceived as petitioner was never made accused in any criminal case nor was served with the memo of charge as per the direction contained in the penultimate paragraph of the impugned order, in which the Collector, East Champaran categorically directed the Block Development Officer, Kalyanpur to frame charge - 2 - against the petitioner in form-(ka) and serve the same on him forthwith. Learned counsel for the petitioner states that till date memo of charge has not been served on him as memo of charge was required to be served on the petitioner with the approval of the District Panchayat Raj Officer. For his approval charges framed by the Block Development Officer, Kalyanpur were duly forwarded but the District Panchayat Raj Officer was not satisfied with the contents of the charges, which fact would be evident from Annexures-5 and 6 series dated 7.11.2007 and 23.1.2008 and the result is that till date petitioner has not been served with the memo of charge as per the direction contained in the suspension order. 4, Having heard counsel for the parties, I direct the petitioner to file representation before the Collector, East Champaran, Motihari stating the fact, which has been noted in this order that petitioner is not accused in any criminal case as also memo of charge as was directed under the suspension order has not been served on him till date for want of evidence and material to support the same. The Collector, East Champaran, Motihari should consider the representation as early as possible in any case within one month from the date of its receipt in the light of the provisions contained in Rule 9(1)(a),(c) of the Rules, which inter alia empowers him to place the delinquent under suspension in contemplation of the departmental proceeding as also institution of a criminal case and as departmental proceeding has not yet been initiated against the petitioner for failure to serve the memo of charge with the approval of the District - 3 - Panchayat Raj Officer, although he has remained under suspension for about two years and is not accused in any criminal case the learned Collector shall recall the suspension order and further consider whether to continue with the proceeding. In case he is of the opinion that the material and evidence exists on the basis of which petitioner should be proceeded against then he should ensure service of memo of charge on him within another one month, otherwise he shall even close the proceeding. Arrears of salary of the petitioner for the suspension period shall depend upon the result of the order passed by the Collector, East Champaran, Motihari. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)