IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.338 of 2008 RAM BILASH THAKUR Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr.Ram Shankar Das, Advocate. For the respondents : M/s. Binay Kumar & Krishnakant Singh, Advocates. -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---- Dated, the 4th July, 2008. The counsel for the appellant does not dispute that in a criminal case being Saharsa P.S.Case No.260 of 2007 the appellant has been arraigned as an accused. He also does not dispute that investigation in respect of the said criminal case is going on. From the order of suspension it appears that the government thought it expedient to suspend him as criminal case in which he is an accused, is under investigation. It is, thus, seen that the order of suspension has been passed by the Government in exercise of power conferred upon it under Rule 9(1) (c ) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. Rule 9(7) is not attracted when the suspension order has been passed under Rule 9(1) (c ). - 2 - 2. Seen thus, the consideration of the matter by the Single Judge cannot be faulted. LPA has no merit. It is dismissed in limine. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil