IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10670 of 2008 PRABHAT KUMAR SINHA Versus THE STATE OF BIHAR & ORS ----------- 6 23-10-2008 Heard learned counsel for the petitioner and learned counsel for the State. On 24-9-2008 this court granted four weeks time to learned counsel for the State to seek instruction with a condition that if by the next date there is no progress towards initiation of a departmental proceeding then this court may consider to interfere with the order of suspension which is contained in annexure-5. dated 19-3-2008. On behalf of petitioner it has been submitted that now more than seven months have elapsed since the petitioner was placed under suspension and nothing has been served upon him to show that a disciplinary proceeding has been initiated. According to learned counsel for the petitioner in the Bihar Government Servants (Classification, Control and Appeal) Rules 2005 there is a clear provision in Rule 9 (7) that in absence of charge being framed within three months the suspension order shall be revoked,but such period may be extended only up to a further period of four months for the reasons recorded in writing. Clearly even the permissible extension of four months have elapsed. Learned counsel for the State submits that he has received information from respondent no.3, Director, Panchayati Raj on telephone that a decision has been taken in the file to revoke the suspension of the petitioner. - 2 - Naresh Considering all the facts and circumstances and the submissions of the parties, this court is willing to accept the submission that the suspension order against the petitioner has been decided to be revoked and an order to the same effect shall be issued within a short time. It is made clear that if such order is not issued within one week then the suspension of the petitioner shall stand revoked as an effect of this order after one week from today. The writ petition is disposed of. It goes without saying that subsistence allowance and salary etc. shall be paid to the petitioner in accordance with law.. (Shiva Kirti Singh,J)