IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9139 of 2010 AMIT KUMAR Versus THE STATE OF BIHAR & ORS ----------- 02 30.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner questions his order of suspension dated 3.11.2009. Learned counsel for the petitioner submits that the suspension has been ordered in contemplation of a departmental proceeding under Rule-9 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005. The charges have admittedly been framed on 2.3.2010 beyond the statutory period prescribed under Rule 9 (7) and therefore the order of suspension has to be revoked. The argument of the learned counsel stands fully answered by paragraph-20 (C) of the Full Bench decision in 2009 (4) P.L.J.R. 272 (The state of Bihar & Ors. Versus Gyan Kumar Ram). The admitted fact is that the petitioner has asked for revocation of the suspension on 19.4.2010 after the charges were framed. In that view of the matter, there is no merit in the application insofar as he challenges the suspension. The respondents are however directed to 2 conclude the departmental proceedings within a period of six months from the date of receipt/ production of a copy of this order provided the petitioner himself co-operates. In absence of necessary co-operation from the petitioner, liberty is granted to the respondents to also proceed ex- parte if necessary, but only after recording complete reasons for the grounds of their satisfaction that despite adequate opportunity the petitioner was refusing to participate. If the departmental proceeding is not concluded within the time fixed for no fault of the petitioner, he shall be entitled to represent before the authorities for revocation of the suspension which shall then be considered forthwith without being prejudiced by the present order. Payment of subsistence allowance is statutory right of the petitioner and statutory duty of the respondents. If the petitioner has fulfilled the requirements of Rule 10 of the Bihar C.C.A. Rules, 2005, all arrears of subsistence allowance and future subsistence allowance must be paid to him forthwith, failing which the petitioner shall be entitled to appropriate interest upon the same if he has to institute appropriate proceedings for the same. 3 The writ application stands dismissed with the aforesaid directions. P.K. (Navin Sinha, J.)