Patna High Court
Nandjee MehtaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner must first file a representation before the Collector, after which the respondent must decide within the stipulated time, and consequently the writ application was disposed of.
Summary
The petitioner, a former government employee, was suspended from May 3, 2011 to August 31, 2012 and retired thereafter. He challenged a punitive order dated January 25, 2014, which was set aside in 2016 as disproportionate, leading to a fresh order in September 2017 that was later modified to a 10% pension forfeiture in 2020. Despite the modification, the petitioner alleges that he has not received the salary arrears for the period of illegal suspension and that his representation filed in July 2021 remains pending. The court directed the petitioner to file a fresh representation before the Collector within four weeks and mandated the respondent to dispose of it within six weeks, with any consequential benefits to be paid within two months. If the representation is rejected, a reasoned order must be communicated immediately. The writ application was therefore disposed of with these procedural directions.
Issues considered
- Whether the petitioner is entitled to salary arrears for the period of suspension from 03/05/2011 to 31/08/2012.
- Whether the respondent authorities have failed to dispose of the petitioner's representation filed on 05/07/2021.
- Whether a writ of mandamus or any other appropriate writ should be issued directing payment of arrears and disposal of representation.
Subjects
- suspension
- salary arrears
- departmental punishment
- representation
- mandamus
- civil writ jurisdiction
- pension forfeiture
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1351 of 2022
======================================================
Nandjee Mehta S/o Late Ram Naresh Singh, R/o Village-Kastar Mahadeo,
P.S.-Bikramganj, District-Rohtas (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Revenue and
Land Reforms, Old Secretariat, Patna, Bihar.
2. The Divisional Commissioner, Patna Division, Patna.
3. The Collector cum District Magistrate, District Bhojpur at Ara.
4. The Additional Collector Land Reform, District Bhojpur at Ara.
5. The Sub-Divisional Officer, Sadar, Ara, District Bhojpur.
6. The Circle Officer Udwant Nagar, District Bhojpur.
7. The Accountant General (P and E), Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
Mr. Uday Pratap Singh, Advocate
For the State : Mr. Rishi Raj Sinha, SC-19
Mr. Manoj Kumar Sinha, AC to SC- 19
For the AG : Mr. Raj Nandan Prasad, Advocate
Mr. Vishesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
9 24-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs:
“1. i. For issuance of writ in
the nature of mandamus or any other
appropriate writ or direction to the
respondent no.3 to pay the rest salary
of petitioner for the period of
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suspension i.e. from 03/05/2011 to
31/08/2012 with penal interest as
applicable in accordance with law.
ii. For issuance of writ in
the nature of mandamus or any other
appropriate writ or direction to the
respondent no.3 for disposal of
representation dated 05/07/2021 filed
by petitioner within time frame.
iii. For any other
appropriate writ or direction to the
respondent for which the petitioner is
otherwise entitled under law.”
3. The case of the petitioner in brief is that the
petitioner was placed under suspension on 3.5.2011 and a
departmental proceeding was started against him. In the
meantime, the petitioner retired from service on 31.8.2012.
4. The respondents came to pass the order of
punishment dated 25.1.2014 which was challenged by the
petitioner in C.W.J.C. no. 6474 of 2014.
5. By order dated 8.9.2016 passed in C.W.J.C. no.
6474 of 2014, the order of punishment dated 25.1.2014 was set
aside being highly disproportionate with liberty to the Collector,
Bhojpur, Ara to pass a fresh order of punishment after
considering the gravity of charges.
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6. Learned counsel for the petitioner submits that a
fresh order of punishment dated 21.9.20147 was passed which
was again challenged by the petitioner in C.W.J.C. no. 18823 of
2018.
7. By order dated 8.6.2020 passed in C.W.J.C. no.
18823 of 2018, the order of punishment dated 21.9.2017 was
quashed with a direction to the respondents to revise the
punishment. The order of punishment was modified as forfeiture
of 10% pension instead of the entire pension.
8. Learned counsel for the petitioner submits that
inspite of the order of punishment having been modified and the
petitioner filing representation, the petitioner has not been paid
the arrears of difference of salary for the period that the
petitioner was illegally kept under suspension from 3.5.2011 till
the date of his retirement i.e. 31.8.2012. It is for payment of the
arrears of salary for this period that the instant writ application
has been filed.
9. It is not in dispute that the representation filed by
the petitioner for the reliefs prayed for in the instant writ
application has not been disposed off by the respondent
authorities.
10. In view of the facts and circumstances of the case,
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the writ application is disposed off directing the petitioner to file
a representation before the Collector-cum-District Magistrate,
Bhojpur at Ara (respondent no.3) within a period of four weeks
from today.
11. In case such a representation is filed, the same
shall be disposed off by the respondent concerned within a
period of six weeks from the date of its filing and the
consequential benefits found payable to the petitioner shall be
paid within a period of two months from the date of passing of
the order.
12. In case the representation of the petitioner does
not find favour with the respondent concerned, a reasoned order
for the same shall be communicated to the petitioner forthwith.
13. The writ application stands disposed off.
(Partha Sarthy, J)
sauravkrsinha/-
U
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