IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9906 of 2024 ======================================================

Purushottam Kumar Jha son of late Kishori Nath Jha, resident of Dharampur (Ujan), P.O- Lohna Road, P.S- Sakatpur, Distt.- Darbhanga, Bihar. (Correspondence Address) Purushottam Kumar Jha, 5B/24, Indrapuri, P.O- Keshri Nagar, P.S- Patliputra, Patna- 800024 is basically field clerk but is conditionally deputed as a law officer in the Co-operative department, Govt. of Bihar, New Secretariat, Patna as well as is posted as a clerk in the office of the District Audit Officer, Co-operative Societies, Tazpur Road, Samastipur (Bihar)

... ... Petitioner Versus

1. State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna- 800015.

2. Principal Secretary, Department of Cooperative, Govt. of Bihar, New Secretariat, Patna- 800015.

3. Registrar, Co-operative Societies, Bihar, New Secretariat, Patna- 800015.

4. District Audit Officer, Co-operative Societies, Samastipur, Tazpur Road, (Near LIC office), Samastipur (Bihar)- 848101.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Jha ( In Person )

For the Respondent/s : Mr. Government Pleader (27)

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

Date : 21-01-2026 Heard Mr. Purushottam Kumar Jha, petitioner-in-

person, through virtual mode and learned Government Pleader No.27 for the State-respondents.

2. The present writ petition has been filed by the petitioner for quashing the order of suspension dated 16.12.2022 vide order No.10139 (Annexure-13) passed under Rule 9(1) the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 (hereinafter referred to as the ‘CCA Rules, 2005’) and further directing respondent No.2, Principal Secretary, Department of Cooperative, Government of Bihar, Patna, to pay the salaries with all back dues, GPF with interest to the petitioner.

3. The petitioner submits that he was appointed by the Divisional Joint Registrar, Co-operative Societies, Darbhanga, against the vacant post of clerk in the un-revised pay scale of 1200-1800. The petitioner joined in the office of Assistant Registrar, Co-operative Society, Benipatti, Madhubani, on 10.06.1996 and, thereafter, vide Memo No. 11330 dated 30.12.1996 he was deputed in the Office of Registrar, Cooperative Society, Bihar, Patna. The work assigned to him was monitoring of legal work. In the year 1997, vide another order No.2923 dated 04.04.1997, he was posted at the Head Quarter and was taking salary of clerk from the one sanctioned post of accountant for legal work. The petitioner further submits that an Identity Card was issued by the Home (Special) Department, Government of Bihar, Patna, on the recommendation of the authority concerned of the department on 22.09.1997 for the post of Legal Assistant. He submits that with full dedication he was doing the work of Co-operative Society then an order contained in Memo No.10139 dated 16.12.2022 (Annexure-13) was issued by Registrar Cooperative Society, Bihar, by which he has been suspended under Rule 9(1) of the CCA Rules, 2005. He submits that Rule 9(7) of the CCA Rules, 2005 is very much clear, under which there is specific provision that when order of suspension has been made thereafter charge must be framed within three months from the date of issue of suspension order, failing which on expiry of three months, the suspension order shall be revoked unless the authority, which issued the suspension order, passes the order renewing the suspension along with reasons to be recorded in writing for the delay in framing of the charge sheet for a further period of four months. He further submits that there is a proviso also in the said sub-rule that after expiry of the extended period of four months, the suspension order shall stand revoked if the charge is not framed. T