RAS BIHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is from the order dated 23rd April, 2008, whereby the writ petition filed by the present appellant for quashing the suspension dated 7th June, 2007 has been dismissed. That the order of suspension came to be issued on 7th June, 2007 is not in dispute. That on 27th September, 2007, the appellant (petitioner) was served with the memo of charges is also not in dispute.

(2.) That the memo of charges was not served within three months from the date of issue of suspension order is an admitted position.

(3.) THE question that falls for our determination is: whether on expiry of three months from the date of issue of suspension order, in the absence of the charge -sheet being Page 2993 served upon the appellant, the order of suspension dated 7th June, 2007 automatically came to an end?