IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6357 of 2008 RADHEY SHYAM PASWAN Versus THE STATE OF BIHAR & ORS ----------- 03/ 01.7.2008 Heard learned counsel for the petitioner and the State, who has not been able to file counter affidavit in spite of indulgence granted by this Court under orders dated 22.4.2008 to file the same. 2. Petitioner, who is a member of the Bihar Agriculture Service, Class II and at the relevant time served as Block Development Officer, Halsi Block within the district of Lakhisarai, has filed this writ application assailing the resolution of the State Government dated 10.4.2007, Annexure-3 to this application whereunder he has been placed under suspension in terms of the provisions contained in Bihar Government Servant (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as the Rules). 3. It is submitted on behalf of the petitioner that since the date of issue of the resolution dated 10.4.2007, Annexure-3 to this application till date he has not been served with the charge memo and thus according to him, his continued suspension is violative of Sub-rule (7) of Rule 9 of the Rules as in terms thereof, the charge memo. is required to be served on the petitioner within 90 days of the issue and service of the suspension order. It is further submitted on behalf of the petitioner that the period of suspension of the 2 petitioner has also not been extended. 4. Counsel for the State was pointedly asked by this Court whether from the instruction, which he has received from the authorities, any charge memo. has been served on the petitioner, then he candidly accepted that from the instruction, it does not appear that the charge sheet has been served on the petitioner. It is also evident from the pleadings filed on behalf of the petitioner that earlier a criminal case for almost similar allegation was lodged against the petitioner, but in the said case, after investigation, final form was submitted, which is contained in Annexure-4 to this application. 5. As the petitioner has not been served with any charge memo., and is languishing in suspension for over a year , suspension of the petitioner is revoked with observation that the proceeding initiated/ contemplated against him shall, however, continue. 6. This application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)