IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16080 of 2009 1. SRI NATH PANDEY S/O LATE RAJDHARI PANDEY R/OVILL BHAISAHI, P.S.BHAIRO GANJ (BAGAHA), DISTT- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR , WEST CHAMPARAN, BETTIAH 3. THE DEPUTY DEVELOPMENT COMMISSIONER WEST CHAMPARAN, BETTIAH 4. THE SUB- DIVISIONAL OFFICER BETTIAH, WEST CHAMPARAN 5. THE BLOCK DEVELOPMENT OFFICER JOGAPATTI BLOCK, WEST CHAMPARAN 6. THE DISTRICT PANCHAYAT RAJ OFFICER WEST CHAMPARAN ----------- 2. 04.01.2010 Heard learned counsel for the petitioner and the State. The petitioner was placed under suspension on 19.1.2009. In CWJC No. 8176 of 2009 this Court granted liberty to represent before the authority by order dated 20.7.2009 noticing his grievance that memo of charges had not been served upon him. The petitioner then represented on 24.9.2009 inter alia alleging that he had not been served with any memo of charges also. Relying upon Rule 9(7) of the Bihar CCA Rules, 2005, learned counsel urges that in absence of the memo of charges having been framed within the time period as provided therein, the suspension automatically lapsed by operation of law as held by the Full Bench of this Court in State of Bihar versus Gyan Kumar Ram, 2009(4) PLJR 272. The District Magistrate, Bettiah is directed to dispose off the representation dated 24.9.2009 of the petitioner on the issue of his suspension in light of the discussions contained in the Full Bench judgment of this Court within a maximum period of one month from the date of receipt and/or production of a copy of this order before him. 2 If the Respondent proposes to hold that the petitioner is not entitled to the benefit of the said judgment, he shall be required to pass a reasoned and speaking order displaying application of mind and for which reason the benefit of the aforesaid judgment be not available to the petitioner. The writ application stands disposed. AKS/ (Navin Sinha, J.)