IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9028 of 2008 KEDAR NATH Versus THE STATE OF BIHAR & ORS ----------- 02/ 02.7.2008 Heard learned counsel for the petitioner and the State. 2. Petitioner is the Junior Engineer of the Water Resources Department of the State Government. He has been placed under suspension by the Engineer-in-Chief, vide orders dated 1.5.2007, Annexure-1, but it is submitted on his behalf that till date he has not been served with any charge memo. and according to the counsel for the petitioner, continued suspension of the petitioner is violative of Sub-rule (7) of Rule 9 of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005. 3. It appears, petitioner had earlier filed CWJC No. 8871 of 2004 for direction to the State respondents to pay his arrears of salary and it is said that on account of filing of the said writ application, petitioner has been placed under suspension. There is absolutely no basis for such submission as the said writ application was disposed of under orders dated 24.7.2006, however, after disposal of the writ application, one criminal case, bearing Paharpur P.S. Case No. 144 of 2006 was registered against the petitioner on the basis of the written report of Sub-Divisional Officer, Tirhut Canal Division, Paharpur for the offence under Sections 379 and 409 of the Indian Penal Code and the said case is even pending now. From the suspension order, it does not appear that there is any connection between the allegation set out in the First Information Report of Paharpur P.S. Case No. 144 of 2006 - 2 - and the proceeding, which has been initiated pursuant to the suspension of the petitioner. 4. In the circumstances, as more than one year has already lapsed and petitioner has not been served with the charge memo, it is directed that his suspension be revoked and he be paid arrears of subsistence allowance for the period of suspension, but the proceeding initiated/ contemplated against him shall, however, continue and the same be concluded before the date of his retirement i.e. 31.3.2009. The arrears of subsistence allowance be paid to the petitioner within one month from the date of receipt/ production of a copy of this order. 5. This application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)