IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2860 of 2009 JAGDISH PRASAD, Son of Late Moti Sahu, resident of Mohalla- Sahokar, P.O. & P.S. Sohsarai, District-Nalanda, presently posted as Assistant Engineer ( under Suspension), Rural Works Department, Works Division, Benipatti, P.S. Benipatti, District-Madhubani . ----------------- Petitioner Versus THE STATE OF BIHAR & ORS. ----------- 3 16-11-2009 Heard learned counsel for the petitioner and the State. The petitioner has been placed under suspension by an order dated 21.10.2008 under Rule 9 (1)(a) of the Bihar CCA Rules,2005. The submission is that charges have been framed on 1.10.2009 beyond the period prescribed under Rule 9(7) leading to automatic revocation of suspension in law on the expiry of the period therein. No useful purpose shall be served by requiring the respondents to file counter affidavit. The matter is disposed with direction to the Respondent no.3 to examine the issue of the continued suspension of the petitioner in the light of the aforesaid discussion and the law laid down in the Full Bench decision , reported in 2009 (4) PLJR 272. The Respondent is then required to pass a reasoned and speaking order on the issue of any distinction in fact in law if he is of the opinion that the order of suspension requires no interference even in the light of the full Bench decision. Let the same be done within a maximum period of two - 2 - months from the date of receipt/production of a copy of the present order. NKS/- ( Navin Sinha, J)