IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14002 of 2008 RAMESH PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2. 09.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner was placed under suspension by an order dated 16.8.2007. He assailed it in CWJC No. 580 of 2008 on the ground of non compliance with Rules 9(7) of the Bihar Government Servants ( Classification, Control and Appeal) Rules, 2005 as no charges were served on him or framed within a period of three months. This Court does not consider it necessary to deal with the submissions of the respective Counsels with regard to the scope of the Rules in view of the fact that his order of suspension was quashed by this Court on the earlier occasion on a technicality. The fact of the matter is that the charges have been framed on 8.1.2008 and have been served upon the petitioner also. In that view of the matter, this Court is not persuaded to interfere with the fresh order of suspension dated 7.8.2008. The writ application is disposed with the direction that the departmental proceedings be concluded within a maximum period of four months from the date of receipt and/or production of a copy of this order, provided the petitioner himself cooperates. In the event of his non cooperation, the disciplinary authority shall be at liberty to proceed exparte also 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 7.8.2008 shall stand revoked when the departmental proceedings shall continue. Snkumar/- (Navin Sinha,J.)