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Judgment
The appeal is admitted. Mr. D.N. Yadav, AAG-6, waives service for respondents 1 to 9.
Looking to the controversy raised in the appeal, it is heard and disposed of at this stage itself.
The State counsel does not dispute that the appellant was suspended by an order dated 25th July, 2007. He also does not dispute that there is no criminal proceedings pending against the appellant nor the appellant was suspended because of the pendency of any criminal case.
In view of the facts admitted by the State counsel, Rule 9(7) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 reads thus:-
"NILAMBANADES KE NIRGAT HONE KI TITHI SE TEEN MAH KE BHITAR AROP PATRA GATITH KAR DIYA JAYEGA JISEKE NAHI HONE PER TEEN MAH KI SAMAPTI PER NILAMBANADES WAPAS LIYA JAYEGA JAB TAK KI NILAMBANADES NIRGAT KARENAWALA PRADHIKARI AAROP PATRA KE GATITH KIYE JANE MEIN BILAMBH KE KARNO KO ABHILIKHITH KARETE HUYE AGLE CHAR MAH TAK KE LIYA NILAMBAN KO NAWIKRIT KARENE SAMBANDHI AADESH PARIT NA KARE;
PARANTU YAH KI BISTARITH CHAR MAH KI AWADHI KI SAMAPTI KE PASCHAT YADI AAROP PATRA GATITH NAHI KIYA JATA HAI TO NILAMBANADESH SWATAH WAPAS LE LIYA GAYA SAMAJHA JAYEGA."
The counsel for the State is not able to show that within the time contemplated under Rule 9(7) the charge-sheet has been framed against the delinquent-appellant.
In this view of the matter, the order of suspension dated 25th July, 2007 cannot be allowed to continue.
Letters Patent Appeal is, accordingly, allowed. The order bearing memo No. 442 dated 25.7.2007 is quashed. The order passed by the Single Judge on 10.4.2008 is also set aside. There is no order as to cost.