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2009 Supreme(Pat) 1247

ANJANA PRAKASH, SHIVA KIRTI SINGH, P.K.MISRA
State Of Bihar – Appellant
Versus
Gyan Kumar Ram S/o Late Hira Lal Ram – Respondent


JUDGEMENT

P.K.Misra, J.

1. C.W.J.C No. 1562 of 2009 has been filed for quashing an order of suspension mainly on the ground that the charge-sheet was not framed within the period of three months as contemplated in Rule 9(7) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (the Rules, for brevity). The petitioner, by placing reliance upon the Division Bench decision in Chandra Sekhar Prasad vs. State of Bihar [2008(1) PLJR 731], contended that an order of suspension passed in contemplation of the departmental proceeding cannot continue beyond three months unless charge is framed within the said period or there is an extension of the order of suspension which is to be recorded in writing. The State Government, on the other hand, placed reliance upon a Division Bench decision dated 6.8.2008 in L.P.A. No. 459 of 2008 in the case of Jang Bahadur Singh vs. State of Bihar and Others [since then reported in 2008(4) PLJR 307]. Since the learned Single Judge found that there was an apparent conflict between the two Division Bench decisions, the matter was referred to a Division Bench for consideration. The Division Bench, by its order dated 19.3.2009, noticing


















































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