IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13802 of 2008 SRI VEDBHUSHAN PD.SHRIVASTAVA Versus THE STATE OF BIHAR & ORS ----------- 02 05.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. I.A. No. 275 of 2009 has been filed for substitution of the original petitioner, stated to have been deceased on 13.11.2008, during the pendency of the writ application, by his widow and other legal heirs mentioned in paragraph-1 of the application. Upon hearing counsels for the parties, this Court is satisfied that the relief sought in the writ application has financial implications for the family of the deceased and, therefore, the I.A. application is allowed. The petitioner was suspended on 16.4.2008 by respondent no.2, the Collector, Muzaffarpur. From the pleadings in the writ application, this Court finds it difficult to arrive at any positive conclusion whether department proceedings were initiated against the petitioner by service of charge-sheet within time prescribed under Rule 9 of the Bihar C.C.A. Rules, 2005. This Court, therefore, directs that if, departmental charges were not framed against the deceased, within three months from the date of 2 suspension, the suspension stood revoked after expiry of three months, under Rule 9 (7) of the Bihar.C.C.A. Rules, 2005. If the period of suspension was extended by another four months during this period of initial three months then if charge-sheet was not framed within the period of next four months and served, the suspension shall stand revoked after the expiry of this extended period. In both events, the legal heirs of the petitioner shall be entitled to full salary from the date of suspension to the relevant date of revocation as the case may be. If charges were framed and served upon the deceased, the departmental proceedings becomes infructous after his death. In that event, the legal heirs shall be entitled to the full subsistence allowance from the date of suspension till date of demise of the petitioner less that paid to the deceased. The writ application is disposed off in the aforesaid terms to be complied with within a maximum period of 12 weeks from the date of receipt and/or production of a copy of this order. P.K. (Navin Sinha, J.)