IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14833 of 2009 1. SHABBIR AHMAD S/O LATE ABDUL RASHID R/O NAZNIN CHOWK, GANJ NO.2, P.O. AND P.S.- BETTIAH, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY CABINET SECRETARIAT, (RAJ BHASHA) DEPARTMENT, (URDU DIRECTORATE), GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 3. THE DIRECTOR RAJ BHASHA DEPARTMENT, (URDU DIRECTORATE), GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 4. THE DISTRICT MAGISTRATE EAST CHAMPARAN, MOTIHARI 5. THE BLOCK DEVELOPMENT OFFICER PAKARI DAYAL BLOCK, EAST CHAMPARAN, MOTIHARI ----------- 2/ 20/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was taken into custody on 24.10.2008 in a trap case registered as Vigilance Case No.85/08 under the Prevention of Corruption Act. He was released from custody on 10.5.2009. The submission is that under Rule-9(2) of Bihar C.C.A. Rules, 2005 (hereinafter referred to as the Rules), the petitioner is deemed to have been suspended the moment he was taken into custody and no formal orders are required. Such a deemed suspension shall come to an end when he is released from custody and his joining has to be accepted “under Rule-9(3) of the Rules only whereafter the authorities can deal with him in a manner that they deem fit in accordance with law. In absence of any fresh orders of suspension the petitioner has to be allowed to join duties. This Court does not consider it necessary to deal with the issues of whether there be any departmental proceedings have been initiated against the petitioner or 2 not, as urged on behalf of the respondents as that is beyond the purview of the scope of the present writ application. The limited issue involved is that in a case of deemed suspension which comes to an end on release from custody, the authorities are either required to accept the joining or pass fresh orders at their discretion after joining, but there has to be a fresh order if he is proposed to be suspended failing which the deemed suspension having ended the petitioner has to be allowed to join duties. It goes without saying that the petitioner is entitled to subsistence allowance for the period of custody on the principle of deemed suspension. The claim of the petitioner for arrears of salary after release from custody when he has submitted his joining, the allegation being that there is no fresh order of suspension, is a matter to be appropriately decided by the authorities themselves in accordance with the Bihar C.C.A. Rules, 2005. Let appropriate decision in accordance with law be taken by the authorities within a maximum period of eight weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)