IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3051 of 2010 DINANATH PRASAD Versus THE STATE OF BIHAR & ORS ----------- 02 10/03/2010 Heard learned counsel for the petitioner and learned counsel for the Additional Advocate General No.3 on behalf of the State. The short issue urged in this writ application with regard to an order of suspension dated 29.8.2008 is that notwithstanding the passage of three months or more, charges have yet not been framed and that the petitioner after expiry of three months but before framing of any charges has filed his representation on 23.06.2009 for revocation of suspension under Rule-9, Sub-clause-7 of the Bihar C.C.A. Rules, 2005, as also preferred the writ application on 19.2.2010. Learned Additional Advocate General very fairly acknowledges that this question of law sought to be raised has been decided by a Full Bench of this Court reported in 2009 (4) P.L.J.R. 272 (THE STATE OF BIHAR & OTHERS VERSUS GYAN KUMAR RAM) holding that, if after expiry of three months and before charges are framed, if a delinquent represents before framing of the charges, the suspension has to be then 2 revoked. Additionally the Full Bench also holds that on expiry of seven months from the date of suspension, if charges have not been framed, without any application for revocation, the suspension stands revoked by operation of law. In view of the fact that the legal position stands now settled by this Court, all that is required is verification of the facts of what date the charges have been framed and the applicability of the Full Bench decision in that context. Let respondent No.3 pass a reasoned and speaking order in accordance with law within a maximum period of 10 days from the date of receipt/production of a copy of this order. It is expected that necessary consequential orders in light of the findings that may be arrived at by the concerned respondents shall be issued simultaneously. The application stands disposed. P.K. ( Navin Sinha, J.)