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Patna High Court

Gorelal PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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                                          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
                                                     4/4




                                    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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