IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.540 of 2009 NIRANJAN ORAON Versus THE STATE OF BIHAR & ORS ----------- 2. 06.11.2009 Heard learned counsel for the petitioner and the State. It is submitted that the order of suspension dated 22.12.2008 is in contemplation of a departmental proceeding inasmuch as it clearly states that it was being issued under Rule 9(1)(a) of the Bihar CCS Rules, 2005 and that the charges would be issued separately. The writ petition has been filed on 12.1.2009. The contention is that no charges have been framed within a period of three months from the date of suspension. To this Court, that may not be relevant at this stage since the revocation of suspension on expiry of three months is not automatic but is subject to several conditions. The revocation of suspension is by operation of law only after expiry of seven months. This is the interpretation given by the Full Bench to Rule 9 of the Bihar CCS Rules, 2005 in 2009(4) PLJR 272. No useful purpose shall be served by keeping the writ application pending for counter affidavit. The writ application is disposed with directions to respondent no. 1 to take a final and appropriate decisions on suspension of the petitioner after examination of necessary facts in light of the Full bench decision of this Court to be done within a maximum period of four weeks from the date of receipt and/or production of a copy of this order. AKS/ (Navin Sinha, J.)