IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11082 of 2009 RAJ SHEKHAR KUMAR SON OF LATE SAHEB PRASAD SINGH, RESIDENT OF VILLAGE-SURAJPUR, P.S.- NALANDA, DISTRICT- NALANDA (BIHAR SHARIF). ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, NALANDA (BIHAR SHARIF). 3. THE DEPUTY COLLECTOR, GENERAL, NALANDA (BIHAR SHARIF). 4. THE DEPUTY COLLECTOR(ESTABLISHMENT), NALANDA, BIHAR SHARIF. ... ... RESPONDENTS. ----------- 3. 1.9.2009. Petitioner at the relevant time served as Clerk in the general section of the Collectorate at Nalanda. He is aggrieved by the order bearing Memo No.1733 dated 23.10.2007 where under he has been placed under suspension in contemplation of the departmental proceeding after consideration of his show cause reply. It is submitted on behalf of the petitioner that till date he has not been served with the memo of charge and his continued suspension is violative of Sub Clause (7) of Rule-9 of the Civil Services (Classification, Control and Appeal)Rules as even after passage of about two years of issue and service of the suspension order neither the period of suspension has been extended nor memo of charge has been served - 2 - on him. Let the petitioner represent before the District Magistrate, Nalanda about the grievance noted above that his continued suspension is violative of Sub Clause (7) of Rule-9 of C.C.A. Rules inasmuch as neither the period of suspension has been extended nor memo of charge has been served on him and the representation should be considered by the District Magistrate Magistrate, Nalanda in accordance with law as early as possible in any case within one month from the date of its receipt. In the event, the District Magistrate having considered the representation is satisfied that the suspension is violative of Sub Clause (7) of Rule-9 of C.C.A. Rules, then also the departmental proceeding must be taken to its logical end after serving the memo of charge on the petitioner with direction to the petitioner to file his written defence as early as possible in any case within one month from the date of receipt of the memo of charge and ensure conclusion of the proceeding in accordance with law as early as - 3 - N.H./ possible in any case within six months of the service of the charge memo on the petitioner. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)