IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17586 of 2008 CHANDRA BHUSAN KUMAR W i t h CWJC No.17964 of 2008 RAM BINOY SINHA Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna. 3. The Additional Secretary, Rural Works Department, Government of Bihar, Patna. 4. The Deputy Secretary, Rural Works Department, Government of Bihar, Patna. 5. The District Magistrate, Begusarai. 6. The Deputy Development Commissioner, Begusarai. …………… Respondents. ---------- 3/ 16/03/2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners in both the applications were taken into custody on 16.3.2008. Subsequently, they were released on bail on 30.5.2008 and 28.6.2008 respectively. They joined duty on 31.5.2008 and 30.6.2008 respectively. By individual orders dated 8.8.2008 they were placed under suspension with effect from the date of arrest. Rule-9 of the Bihar C.C.A. Rules, 2005 (hereinafter referred to as the Rules of 2005 for short) visualizes automatic suspension when a government servant is taken into custody and remains so for a period beyond 48 hours. The suspension stands revoked by operation of law on his release. Thereafter, fresh orders of suspension are required to be passed in accordance with law should the Government so decide. Retrospective 2 suspension is not contemplated in the law. Learned counsel for the State fairly submit that they have received no instructions if charges have been framed against the petitioners till date, a fact which is asserted on behalf of the petitioners. The suspension of the petitioners stood revoked by law when they were released from custody and submitted their joining. Thereafter, fresh orders of suspension have been passed. This Court has already noticed hereinbefore that there cannot be any retrospective suspension, but this shall not include the period of custody. Rule-9(7) visualizes the framing of charges within three months from the date of issue of suspension order failing which the suspension order is mandatory to be revoked, unless this order of suspension is extended by another four months during the validity of the first three months for reasons to be recorded in writing. The provision further states that if after the expiry of the extended period of four months, charge is not framed, the suspension order shall stand revoked. The issue „whether charges were framed against the petitioners within a period of three months or whether it was validly extended‟ has lost much of its significance in view of the fact that the entire period of seven months has since lapsed and charges have not 3 been framed. Under Rule-9(7) of the 2005 Rules, the order of suspension stands automatically revoked thereafter and all that is required is the formality of a formal order in respect thereof. The words “shall stand revoked” in the proviso has its own significance in the plain language of the Statute and needs no interpretation. Rule-9(7) of Bihar CCA Rules,2005 reads as follows:- “Charge-sheet must be framed within three months from the date of issue of suspension order failing which on expiry of three months, the suspension order shall be revoked unless the authority, which issued the suspension order, passes the order renewing the suspension alongwith reasons to be recorded in writing for the delay in framing of charge-sheet for a further period of four months; Provided that after the expiry of extended period of four months the suspension order shall stand revoked if the charge-sheet is not framed.” This Court, therefore, holds that the petitioners are deemed to be under suspension for the period of custody. The suspension stood automatically at a end when they were released from custody and submitted their joining till fresh orders of suspension were issued. The petitioners are, therefore, held entitled to their full salary for this interregnum for the period of joining and fresh orders of suspension being issued. The fresh suspension of the petitioners, thereafter, also loses its force in law on expiry of the period of seven months in 4 absence of charges framed. The order of suspension dated 8.8.2008 stands quashed in the aforesaid terms. The application stands allowed to the extent indicated. KC ( Navin Sinha, J.)