IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1705 of 2009 Dwarika Singh @ Dwarika Prasad Singh, S/o Late Jobi Singh, R/o Mohalla Punchyat Akhara, P.O. – Gaya, P.S. – Gaya, District – Gaya, at present, Clerk, in the office of the Additional Chief Medical Officer, Rohtas at Sasaram (under suspension) ………………… Petitioner Versus 1. The State Of Bihar 2. The Secretary and Commissioner, Department of Health, Bihar, Patna 3. The Director-in-Chief, Health Service, Bihar, Patna 4. The Director of Health Service, Bihar, Patna 5. The Regional Deputy Director, Health Services, Patna Division, Patna 6. The Civil Surgeon-cum-Chief Medical Officer, Rohtas at Sasaram 7. The Additional Chief Medical Officer, Rohtas at Sasaram ………………. Respondents ----------- 04. 08.07.2011 Heard learned Counsel for the petitioner and the State. Petitioner had filed this application for quashing of order no. 394 (4), dated 02.04.2003, whereby he has been put under suspension. Petitioner’s grievance is that for same charge, thrice he has been put under suspension, exonerated from charges after Departmental Proceeding earlier. Despite the fact, again by the impugned order he has been placed under suspension in contemplation of the Departmental Proceeding. Till date charges have not been framed. Departmental Proceeding not initiated and he has also not being paid his subsistence allowance. Counter Affidavit filed on behalf of Director, 2 Health Service, Bihar, Patna, Respondent No. 4, indicates that the suspension order has been revoked vide Order No. 1189 (4), dated 01.07.2011. There is no statement in the Counter Affidavit that whether any charge has been framed and the Departmental Proceeding initiated against the petitioner. It seems that charges have not been framed. Departmental Proceeding also not initiated. In the Counter Affidavit, it has also been stated that the petitioner’s headquarters during suspension period had been fixed in the office of Regional Deputy Director, Health Services, Patna. Petitioner joined at his headquarters on 21.04.2003, but thereafter absconded and till the date of issuance of letter, dated 30.06.2011, he had not joined there. Petitioner has been paid his subsistence allowance for the period 01.04.2003 to 29.02.2004, but no subsistence allowance has been paid to the petitioner for the subsequent period till the date of revocation of suspension, considering the proviso under Rule 10 (1) (iii) of Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. This rule provides that the Government Servant shall be entitled to receive subsistence allowance, only for such period when he is actually present at the headquarters during the 3 suspension period. He shall be required to mark his attendance in the Attendance Register meant for such Government Servant. Respondents are going to consider the case of the petitioner as per Bihar Government Servant (Classification, Control and Appeal) Rules, 2005, as such, they must consider the other provisions of 2005 Rules also. Rule 9 (vii) of the Rules provides that where a Government Servant has been placed under suspension, charge-sheet must be framed within three months from the date of issuance of suspension order, failing which on expiry of three months, the suspension order shall be revoked, unless the authorities, which issued the suspension order, passes the order, renewing the suspension along with reasons to be recorded in writing for the delay in framing of charge-sheet for a further period of four months. The petitioner has remained under suspension, right from 2003 to 2011. There is nothing to show that the suspension period was continuing in consonance with rule 9 (vii) of 2005 Rules. In that view of the matter, the suspension of the petitioner will be deemed to have been revoked in the year 2005 itself, as charge-sheet have not been framed till now. This Writ Application is disposed of directing 4 the Respondents to make payment of entire subsistence allowance to the petitioner, which has not been paid to him. In case Respondents are intending to initiate any Departmental Proceeding against the petitioner, it is high time, it should be initiated and completed without wasting any time. The Departmental Proceeding must also be concluded within six months from the date of its initiation. With the aforesaid observations / directions, this Writ Application is disposed of. SKM (Mridula Mishra, J.)