IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14058 of 2008 LILA SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 13.04.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner was placed under suspension on 11.8.2008. The writ application was filed on 12.9.2008. No counter affidavit has been filed till date. Learned Counsel for the petitioner submits that he has instructions to state that no charges have been framed much less served within three months from the date of suspension as required under Rule 9 of the Bihar (Classification, Control & Appeal) Rules 2005. It is next submitted that to the best of knowledge of the petitioner there are no orders for extension of the period of suspension passed during period of first three months valid for a period of another four months. Even that extended period has lapsed. Unfortunately there are no specific pleadings on oath supporting the nature of the submissions made on facts. This writ application is therefore disposed with the observation that if charges have not been framed and served upon the petitioner within three months from the date of suspension the respondents are obliged and are mandated by law under Rule 9(7) of Bihar (Classification Control and Appeal) Rules, 2005 to revoke the suspension as the legislation is “shall be revoked”. If this period of three months has been extended within its validity by another four months by a reasoned and speaking order, the respondents shall have to specify that it was served upon the petitioner and that charges have been framed within the extended period. In absence of the same, by operation of law of the proviso to Rule 9(7) of the Rules the suspension stands revoked by operation of law. The writ application stands disposed in the aforesaid terms to be considered by the respondents when the petitioner presents a copy of this order before the authority and appropriate administrative action is required to be taken by the respondents forthwith without compelling the petitioner to have to approach this Court again for a routine administrative matter. Snkumar/- (Navin Sinha,J.)