Patna High Court
Nirmal KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The petition is dismissed as it lacks merit given the finality of the disciplinary orders and the petitioner’s unclean hands.
Summary
The petitioner, an Irrigation Revenue Inspector, filed a writ seeking direction to release annual increments withheld from 2000‑2010, grant of ACP benefit, and a declaration that a 2007 office memo could not bar such benefits. The respondents counter‑affidavit detailed several departmental proceedings, punishments that stopped multiple increments, unauthorized absences, and a criminal case, none of which the petitioner challenged before the appellate authority. They contended that the disciplinary orders had become final, justifying denial of the increments and ACP benefit. The petitioner did not appear or file a response affidavit. The court found the petition to have no merit, noting the petitioner’s unclean hands and the finality of the punishments, and dismissed the application.
Issues considered
- Whether the petitioner is entitled to the annual increments withheld from 2000 to 2010 despite departmental punishments.
- Whether the petitioner qualifies for the ACP benefit under the M.A.C.P. Rules, 2010.
- Whether the office order memo dated 11‑04‑2007 can be set aside as a bar to increments and promotion.
- Whether the petition should be dismissed for lack of clean hands and failure to challenge disciplinary orders.
Subjects
- annual increment
- departmental punishment
- ACP benefit
- M.A.C.P. Rules 2010
- writ petition
- clean hands doctrine
- service regularity
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1767 of 2017
======================================================
Nirmal Kumar S/o Late Anandi Singh, resident of Village Majhuwa, P.S.
Farwish Ganj, District Araria, present posted as Irrigation Revenue Inspector,
Manoharpur, Sarainja, Chousa, Matkipur, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Old Secretariat, Patna.
2. The Secretary, Water Resource Department, Bihar, Patna.
3. The Chief Engineer, Water Resource Department, Dehri.
4. The Superintending Engineer, Flood Control Circle, Buxar.
5. The Executive Engineer, Son Canal Division, Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Vikash Kumar, SC-11
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 05-01-2026 1. No one appears on behalf of the petitioner. Learned
counsel for the respondents is present.
2. The petitioner has filed the instant application for
the following reliefs :-
“(i) For a direction to the Respondents to
release annual increment of the petitioner withheld
from 2000 to 2010.
(ii) For a further direction to the
Respondents to grant the benefit of ACP.
(iii) For a declaration that the office
order contained in memo no. 1645 dated 11,4,2007
cannot operate as a bar for grant of annual
increment and benefit of pay upgradation under
ACP or in the alternative for quashing of the office
order contained in memo no. 1645 dated 11.4.2007.
(iv) For any other relief or
Patna High Court CWJC No.1767 of 2017(4) dt.05-01-2026
2/4
consequential reliefs to which the petitioner may
be found entitled to in the facts and
circumstances of this case.”
3. Learned counsel appearing for the respondents
referring to various paragraphs of the counter affidavit submits
that several departmental proceedings have been initiated
against the petitioner and an F.I.R. was also registered against
him wherein he was taken into custody. The orders of
punishment have also not been challenged by the petitioner
before the Appellate Authority. It is for this reason that the
petitioner has not been given increment up to year 2009 but is
being given the benefits since 1.7.2010. Relevant paragraphs of
the counter affidavit are reproduced herein below for ready
reference :-
“7. That it is stated further that the
petitioner has not come to his Hon'ble Court with
clean hands and has concealed many facts. After
transfer to the Revenue Division, Buxar where he
joined on 31.12.2001, he started to remain absent
from duty in unauthorized manner due to which
collection of irrigation revenue was badly affected.
A departmental proceeding was initiated against
the petitioner for the said charges vide record no.
1/03-04 and he was awarded punishment of
stoppage on two increments with cumulative effect
vide order contained in memo no. 12 dated
11.10.2004 for the charges proved against him. He
Patna High Court CWJC No.1767 of 2017(4) dt.05-01-2026
3/4
was also warned to not repeat such conduct in
future.
8. That the petitioner did not take any
lesson from the aforesaid punishment and again
remained absent from duty in unauthorized
manner. He was also found negligent in his duties.
Therefore again a departmental proceeding was
initiated against him vide record no. 01/04-05 and
on conclusion of the said proceeding he was
awarded punishment of stoppage on three
increments with cumulative effect vide order
contained in memo no. 885 dated 28.12.2004.
… …. …… … … … … … … … … … … ….
10. That the petitioner submitted his
joining in Sone Canal Division, Buxar on
02.06.2005 pursuant to order of the Chief
Engineer as contained in letter no. 2275 dated
01.06.2005. On conclusion of the aforesaid
departmental proceeding, the petitioner was
awarded with punishment of censure and stoppage
on three increments with cumulative effect vide
order issued by the Chief Engineer as contained in
memo no. 1645 dated 11.04.2007 (Annexure-1 of
the writ application). It was also ordered that no
promotion will be granted to the petitioner in
future.
11. That the petitioner was arrested by
the police on 01.02.2008 and sent to jail in
connection with Dhansoi P.S Case No. 35/05. The
Chief Engineer put him under suspension with
effect from the said date vide order contained in
memo no. 1343 dated 12.04.2008. The petitioner
Patna High Court CWJC No.1767 of 2017(4) dt.05-01-2026
4/4
was released on bail on 22.05.2008 and thereafter
his suspension was revoked.
12. That it is stated that the petitioner
did not assail the aforesaid orders of punishment
before the appellate authority and as such those
orders attained finality. As a consequence of the
aforesaid orders of punishment, the petitioner has
not been given increment till the year 2009 but
since 01.07.2010 he has regularly been given the
said benefit. His salary has also been revised
giving benefit of 6th pay revision.
13. That so far grant of benefit of
A.C.P. is concerned, it would be evident from the
aforesaid facts that there are several breakages in
service of the petitioner due to his unauthorized
absence from duty and he has not completed the
regular service of ten years as required under the
M.A.C.P. Rules, 2010. His service record is also
not clean. As such he is not entitled to get the said
benefit at present.”
4. Inspite of a copy of the counter affidavit having
been served on learned counsel for the petitioner as far back as
on 4.5.2017, there is no affidavit in response thereto.
5. In view of the above, the Court finds no merit in the
instant application and the same is dismissed.
(Partha Sarthy, J)
avinash/-
U
Checking your session…