IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17911 of 2009 1. ARBIND KUMAR SINHA S/O LATE RAMY BISHUN ROY R/O VILL/MOH-GANDHI NAGAR, P.O- DIGHA, P.S- DANAPUR, DISTT- PATNA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHWAISHWRIA BHAWAN, BAILEY ROAD, PATNA 3. THE JOINT SECRETARY, IN-CHARGE FLYING SQUAD SECTION, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 4. THE DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHWAISWARIYA BHAWAN, BAILEY ROAD 5. THE ENGINEER-IN-CHIEF CUMADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY ROAD CONSTRUCTION DEPARTMENT VISHWIARIYA BHAWAN, BAILEY ROAD, PATNA 6. THE CHIEF ENGINEER, NORTH BIHAR WING, ROAD CONSTRUCTION DEPARTMENT, DARBHAGNA CAMP OFFICE VISHWAISHWARIYA BHAWAN, BAILEY ROAD, PATNA 7. THE CHIEF ENGINEER CENTRAL DESIGN ORGANISTATION ROAD, CONSTRUCTION DEPARTMENT, VISHWAISWARAIYA BHAWAN, BAILEY ROAD, PATNA 8. THE SUPERINTENDING ENGINEER, ROAD CORCLE, ROAD CONSTRUCTION DEPARTMENT, PURNEA 9. THE EXECUTIVE ENGINEER, ROAD DIVISION ROAD CONSTRUCTION DEPARTMENT, ARARIA ----------- 2. 01.02.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was placed under suspension on 9.9.2009. He came to this Court earlier in CWJC No. 13074 of 2009 which was disposed with a direction to consider his representation. The contention is that despite his having submitted a representation the same remains un-disposed. The fresh ground urged is that more than three months have passed since the order of suspension, and whether it be his submission that no charge had been framed till 10.12.2009, the date on which the writ petition has been affirmed or 17.12.2009 when the writ petition has been filed, in both events period of there months under rule 9(7) of the Bihar C.C.A. Rules 2005 has expired and no charge have been framed. A supplementary affidavit filed today reiterates the same. The submission is that the suspension is required to be revoked upon expiry of three months. Respondent no. 2 is directed to take an appropriate decision in accordance with law under Rule 9 (7) of the Bihar B.C.A. Rules 21005 in accordance with the guidelines laid down by the Full Bench reported in 2009 (4) PLJR 272 within a maximum period of six weeks from the from the date of receipt and/or production of a copy of this order The payment of subsistence allowance is a statutory right of the petitioner and statutory duty of the respondents, if not complied let the same be done within a maximum period of four weeks without any unnecessary delay. Snkumar/- (Navin Sinha,J.)