IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6790 of 2009 SURESH RAVIDAS Versus THE STATE OF BIHAR & ORS ----------- 3. 06.11.2009 Heard learned counsel for the petitioner and the State. The petitioner assails the order of his suspension dated 19.1.2009. He has filed the writ application on. 1.6.2009. Learned counsel for the petitioner submits that the charges have not been framed within three months from the date of suspension i.e. by 19.4.2009. Even thereafter before the Respondents could frame charge, the petitioner has approached this Court with a claim that the suspension is required to be revoked under rule 9(7) of the Bihar CCS Rules, as the suspension was in contemplation of departmental proceeding under Rule 9(1)(a) of the Bihar CCS Rules. Counter affidavit has been filed on behalf of the Respondents. Annexure-B to the same demonstrates that charges have been framed on 19.6.2009. This Court is satisfied that the case of the petitioner squarely falls under the ratio of Full Bench decision in 2009(4) PLJR 272. The petitioner has approached this Court after expiry of three months under Rule 9(7), but before the charges have been framed after the period of three months. Had the Respondents framed the charges even beyond the period of three months and the petitioner had approached this Court thereafter, the matter would have been entirely different. 2 The writ application stands allowed. The order of suspension dated 19.1.2009 is set aside when the departmental proceeding shall otherwise continue. AKS/ (Navin Sinha, J.)