IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14343 of 2009 1. SAROJ KUMAR S/O LATE MUNNI LAL SINGH VILL- KARAKHIYA, P.S. TIEAR, DISTT. BHOJPUR AT ARA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION GOVT. OF BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION MUNGER DIVISION, MUNGER 5. THE DISTRICT SUPERINTENDENT OF EDUCATION BEGUSARAI 6. THE DISTRICT MAGISTRATE BEGUSARAI ----------- 2. 11.11.2009 Heard learned counsel for the petitioner and the State. The petitioner was placed under suspension by order dated 8.7.2009 in contemplation of departmental proceedings. Learned counsel for the petitioner submits that under Rule 9(7) of the Bihar C.C.A. Rules, 2005 charges were required to be framed within three months. No charges have been framed within a period of three months and therefore his suspension stands revoked. The writ petition has been filed before this Court on 30.10.2009. The issue stands decided by a Full bench decision in 2009(4) PLJR 272. Failure to frame charges within three months does not lead to automatic revocation of suspension. The delinquent is required to apply for revocation on that ground and he can also approach the Court. If charges have not been framed the authorities are then bound to revoke 2 suspension. Even if three months have expired and before the delinquent requests for revocation of suspension or moves the Court charges are framed beyond three months, the suspension remains valid and requires no interference. The writ application is disposed with direction to the Regional Deputy Director of Education, respondent no. 4 to pass a reasoned and speaking order in light of the aforesaid discussion and the decision of the Full Bench so that, should judicial review of his order become necessary, the same may be facilitated. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)