Patna High Court
Gorelal PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court did not quash the order but directed the respondents to conclude the departmental proceeding within three months.
Summary
Gorelal Paswan, a retired Assistant Engineer of the Bihar Rural Work Department, filed a writ petition seeking quash of a 2021 order that allegedly kept his 10% pension, gratuity and leave encashment pending, and directed payment of these amounts with interest. The respondents, including the State of Bihar and several departmental officials, submitted a supplementary counter‑affidavit indicating that the departmental enquiry had been completed and that the petitioner had failed to appear at a hearing, causing further delay. The court examined the status of the departmental proceeding and noted that the enquiry report was expected imminently. It declined to quash the order but directed the respondents to conclude the departmental proceeding within three months of receipt of the order. The court further indicated that the petitioner could thereafter file a representation for any remaining grievances. The writ application was consequently disposed of.
Issues considered
- Whether the part order dated 25‑10‑2021 keeping the pension, gratuity and leave encashment pending can be quashed.
- Whether the petitioner is entitled to immediate payment of the pending pension, gratuity and leave encashment with statutory interest.
- Whether the court can direct the completion of the departmental enquiry within a specified time‑frame.
Subjects
- pension
- gratuity
- leave encashment
- departmental proceeding
- writ petition
- service law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1859 of 2022
======================================================
Gorelal Paswan Son of Late Suraj Paswan Resident of Mohalla- Sanjay
Gandhi Nagar, Road No. 3, Kali Mandir Road, Hanuman Nagar, P.S.-
Patrakar Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Work Department,
Government of Bihar, Patna.
2. The Principal Secretary, Rural Work Department, Government of Bihar,
Patna.
3. The Engineer in Chief Rural Work Department, Government of Bihar, Patna.
4. The Superintendent Engineer, Rural Work Circle, Patna, District- Patna,
Rural Work Department, Government of Bihar, Patna.
5. The Executive Engineer, Rural Work Division at Paliganj, District- Patna.
Rural Work Department, Government of Bihar, Patna.
6. The Accountant Rural Work Division, at Paliganj, Patna District- Patna.
Rural Work Department, Government of Bihar, Patna.
7. The Accountant General Mahalekhakar Bhawan, Beerchand Patel Path,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Respondent/s : Mr. Ajay (GA-5)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 24-04-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. That this is an application praying
for issuance of writ/ writs ceretiorary or
appropriate in nature for quashing the part order
of the letter 5/अ 0 प्रा06-32/2019 dated
25.10.2021 (Annexure-6) issued by the Special
Secretary of the Government of the Rural work to
Served Department, Government Bihar the
Accountant General Bihar whereby and
Patna High Court CWJC No.1859 of 2022(4) dt.24-04-2026
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whereunder 10% pension, entire amount of of
leave gratuity, amount encashment has been kept
pending illegally due to initiated Departmental
proceeding against the petitioner as well as
praying for direction to the respondents for make
payment of entire amount of gratuity, entire
amount of leave encashment and ten percent
pension with arears with statutory interest which
has not been paid to the petitioner after
retirement from service from the post of Assistant
Engineer from Rural Work Division Paliganj,
Rural work Department Government of Bihar
Patna.”
3. On a direction of this Court, a supplementary
counter affidavit has been filed on behalf of the respondent nos.
1 to 5 on 17.4.2026, the relevant portion of which is reproduced
herein below for ready reference :-
“4. That it is very humbly submitted on behalf o
the present respondent that the examination and
cross-of the concerned examination witnesses has
already been completed which is evident from
order dated 28.01.2026 passed by the Enquiry
commissioner in departmental proceeding case
no. 03 of 2023 and the petitioner has been
directed to ensure filing of written statement on
the next of hearing i.e. on 26.02.2026.
A photo/type copy of the order dated
28.01.2026 is annexed herewith and
marked as Annexure-R/B to
Patna High Court CWJC No.1859 of 2022(4) dt.24-04-2026
3/4
supplementary counter affidavit.
5. That it is further submitted that on 26.02.2026
the hearing on the departmental proceeding was
conducted but the petitioners was not present in
the said hearing and made request for grant of
time for submitting his written statement citing the
reasons of his being out of Patna.
A photo/type copy of the order dated
26.02.2026 is annexed herewith and
marked as Annexure-R/C to this
supplementary counter affidavit.
6. That it is stated that considering the aforesaid
request of the petitioner the next date of hearing
on the departmental proceeding was fixed on
25.03.2026 but the hearing could not be
conducted on 25.03.2026.
7. That it is very humbly submitted before this
Hon'ble Court that Enquiry Commissioner in this
case is Secretary, Cooperative Department, Bihar,
Patna.
8. That so far as the query made by the Hon'ble
Court as to within what time the departmental
proceeding is expected to conclude, it is very
humbly submitted in this respect that the
proceeding is in the advance stage of hearing and
is likely to be concluded soon subject to sincere
cooperation of the petitioner.
A photo/type copy of the D.O. Letter
no. 2226 dated 25.02.2025 is
annexed herewith and marked as
Annexure-R/D to this supplementary
counter affidavit.
Patna High Court CWJC No.1859 of 2022(4) dt.24-04-2026
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9. That in view of the facts and circumstances
stated hereinabove it is very humbly submitted that
as soon as the enquiry report of the departmental
proceeding submitted by will be the Enquiry
Commissioner/ Conducting Officer to the
department, the further and necessary order will
be passed by the disciplinary accordance with
law.”
4. In view of the facts as evident from the contents of
the supplementary counter affidavit and the departmental
proceeding having proceeded wherein the enquiry report is
expected to be submitted any day, the writ application is
disposed of directing the respondents to conclude the
departmental proceeding in accordance with law within a period
of three months from the date of receipt/production of a copy of
this order.
5. If required, the petitioner will thereafter be at
liberty to file a representation before the appropriate authority
for his remaining grievances.
6. The writ application stands disposed of.
(Partha Sarthy, J)
Shiv/-
U
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