LAWS(PAT)-2012-3-216

RAGHUNATH PRASAD Vs. STATE OF BIHAR

Decided On March 05, 2012
RAGHUNATH PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner seeks payment of salary for the period of suspension from 6.8.2008 to 31.3.2009 contending that the suspension stood revoked upon failure of the respondents to frame charges within time provided in Rule 9(7) of the Bihar Government Servants (Civil Services, Classification, Control and Appeal) Rules, 2005.

(3.) Learned counsel submits that suspension was ordered on 6.8.2008. Charges were required to be framed within three months by 5.11.2008. Charges were not framed during the time period. Prior to the framing of charges after three months on 25.6.2009, the petitioner had preferred C.W.J.C. No. 1030 of 2009 questioning the continued suspension after expiry of three months.