IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3182 of 2010 1. ANIL KUMAR S/O LATE DHANESHWAR DAS R/O VILL.- BISHNUPUR, P.S. BEGUSARAI, DISTT.- BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., MAIN SECRETARIAT, PATNA 2. PRINCIPAL SECRETARY, RURAL DEVELOPMENT DEPTT., GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA 3. DEPUTY SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA 4. UNDER SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, MAIN SECRETARIAT, PATNA ----------- 2. 05.04.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The order of suspension is dated 25.5.2009. It is apparent from Annexure 2 that charges have been framed on or before 23.12.2009 before expiry of seven months period under Rule 9(7) of the Bihar (Classification, Control and Appeal) Rules, 2005. The mere issuance of that order on 8.1.2010 shall not bring it within the statutory bar. The next submission is that subsistence allowance is not being paid. That is a statutory right of the petitioner which the respondents are bound to comply with within a maximum period of four weeks from the date of receipt and/or production of a copy of this order. If the charges have now been framed let the departmental proceedings be concluded expeditiously within the statutory time fixed under government notifications provided the petitioner cooperates. Liberty is also granted, if circumstances warrant, to proceed exparte also if necessary to conclude the proceedings within the fixed time but in that event the authorities are mandatorily required to record their reasons for satisfaction or negligence or refusal on the part of the petitioner to participate in the proceeding and only in which event can they proceed exparte. If the proceedings in the manner discussed above are not concluded within the period provided under the government regulations the suspension shall stand revoked when the departmental proceedings otherwise may continue. It may be noted that the order of suspension is in contemplation of departmental proceeding. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)