IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1030 of 2009 RAGHUNATH PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: M/s Ashok Kumar Singh, Pankaj Kumar Singh & Manisha Singh, Advocates For the State : Mr. P.K.Verma, AAG XI with Mr. S.R.Sharan, AC to AAG XI For M R D A : Mr Gyan Prakash Ojha, Advocate ------- 2. 09.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. Assailing the order of suspension dated 6.8.2008 learned Counsel submits that is based on non est grounds. Referring an order dated 11.4.2007 bearing no. 4946(5) at Annexure 13/2 he submits that the period of alleged unauthorized absence is in fact the period of sanctioned leave. He then refers to Annexure 4/2 dated 23.9.2005 bearing no. 2136 referring to the reply submitted by him to the show cause which was returned in its original. The submission therefore is that the order of suspension is based on non est grounds. Counsel for the State refers to Rule 23 of the Bihar (Civil Services Classification, Control and Appeal) Rules to submit that if the petitioner was aggrieved by his order of suspension he has remedy under the aforesaid Rules. Learned Counsel for the petitioner from Rule 24(2) submits that since the order of suspension is by the State Government itself no appeal lies. Even under Rule 24(2) the remedy of a review petition or a memorial is provided for. The nomenclature under which application may be preferred whether it be appeal, review or memorial, the petitioner does have an alternative remedy available in which the issues of fact can be more expeditiously examined. The writ application is disposed with the liberty to the petitioner to place his defence before the authorities concerned on the issue of suspension as noticed above to be decided by a reasoned and speaking order within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order along with the representation. In the event of failure to take an appropriate decision within the time indicated the suspension shall stand revoked upon expiry of the same. The issue of limitation shall not be gone into in any such application to be preferred by the petitioner. Snkumar/- (Navin Sinha,J.)