IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17446 of 2010 SACHCHIDANAND JHA . Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioner: M/s Kaushalesh Chaudhary & Kula Nand Jha, Advocates For the State : Mr. Rajesh Kumar Verma, AC to SC XI -------- 2. 29.10.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner, who is a Clerk in the office of Block Development Officer at Baheri, was placed under suspension by order dated 23.6.2010. His challenge to the same in CWJC No. 11141 of 2010 was unsuccessful. Learned Counsel submits that the earlier order of this Court shall not operate as res judicata because the present application has been filed on fresh grounds for non framing of charges even after expiry of three months from the date of suspension as required by Rule 9(7) of the Bihar C.C.A. Rules, 2005 and interpreted in 2009 (4) PLJR 272 (State of Bihar Vrs Gyan Kumar Ram). The writ application has been filed on 11.10.2010. Specific assertion has been made in Para 27 that charge has not been framed till date. The question for consideration shall be whether the charge has been framed within a period of three months or not. The writ application is disposed with a direction to the respondent District Magistrate to decide applicability of Rule 9(7) on the issue of continued suspension of the petitioner for alleged non framing of charges within three months in accordance with the discussion and conclusions contained in paragraph 20 of the judgment of this Court referred to above within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order. The next claim is for subsistence allowance. It is submitted that the petitioner has joined at the headquarters fixed during suspension and is marking attendance notwithstanding which the subsistence allowance is arbitrarily being denied. The District Magistrate shall also enquire into this fact and pass a reasoned and speaking order. If he is satisfied of the entitlement of the petitioner it is expected that all arrears of subsistence allowance along with current subsistence allowance shall be paid within the same period. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)