IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2802 of 2010 1. WAKIL PRASAD YADAV S/O LATE KISHAN PRASAD YADAV R/O KRISHNA KUTIR,ABHIYANTA NAGAR,P.S.RUPASPUR,WEST OF CANAL ,BAILEY ROAD,PATNA Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER -CUM-PRINCIPAL SECRETARY,COMMERCIAL TAXES DEPARTMENT GOVT. OF BIHAR,PATNA 2. COMMISSIONER -CUM-SECRETARY,COMMERCIAL TAXES DEPARTMENT GOVT.OF BIHAR,PATNA 3. JOINT COMMISSIONER ,COMMERCIAL TAXES DEPARTMENT GOVT.OF BIHAR,PATNA ----------- 2. 26.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner questions the continued suspension in view of the charges having been framed after a period of seven months as required under Rule 9(7) of the Bihar Civil Services (Classification, Control and Appeal) Rules. Counsel for the State finds it difficult to persuade this Court to hold otherwise in view of para 6 of the order dated 19.1.2010 acknowledging that there had been a delay of two months twenty-five days in framing of the charges. The suspension of the petitioner dated 19.2.2009 therefore stands revoked by operation of law. This Court makes no observation in so far as the issue of departmental proceeding is concerned. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)