IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10061 of 2009 PHAHEEM HARIJAN, SON OF LATE DINA HARIJAN, RESIDENT OF VILLAGE MAGORGANJ, POLICE STATION AMANDANDA, DISTRICT BHAGALPUR---PETITIONER. Versus 1. THE DISTRICT MAGISTRATE, BHAGALPUR. 2. THE SUB-DIVISIONAL OFFICER, KHALGAON, DISTRICT BHAGALPUR—RESPONDENTS. ----------- 02. 20.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by his suspension order bearing Memo No. 555 dated 17.4.2009, Annexure-1 on the ground that even after passage of statutory period and on failure of the authorities to either extend the suspension period or serve the charge memo, the continued suspension is violative of the provisions contained in Sub- Rule(7) of Rule 9 of the Bihar Government Servant(Classification Control and Appeal) Rules, 2005(hereinafter referred to as “the Rules”). It is further submitted that during the suspension period, petitioner has not been paid the subsistence allowance. 3. Let the petitioner represent before the District Magistrate, Bhagalpur, who has placed him under suspension and if the District Magistrate, Bhagalpur is satisfied that his continued suspension is violative of the provisions contained in the Rules then he shall recall the suspension order, failing which the District Magistrate shall be obliged to pass reasoned order as early as possible, in any case within one month from the date of receipt of the representation along with a copy of this order. In any case petitioner must be paid the subsistence allowance for the period of suspension within the aforesaid time. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)