Patna High Court
Shyam Kumar SharmaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
Holding
The Court directed the bank to consider and dispose of the petitioner’s representation within three months and disposed of the writ petition.
Summary
The petitioner, Shyam Kumar Sharma, filed a writ petition seeking payment of salary arrears from 1989 to 2006 with interest, along with post‑retiral benefits, after a long service history with Magadh Central Co‑operative Bank that included suspension, dismissal, and subsequent reinstatement orders. Earlier, the High Court had directed the bank not to deny his gratuity, CPF, and leave encashment, but the bank retained an amount alleged to be defalcated by the petitioner. The petitioner also faced an FIR under IPC Section 409 for alleged misappropriation of Rs 50,795.40. The petitioner claimed that his representations to the Managing Director for payment of dues remained unanswered. The Court, after hearing counsel, ordered the bank to consider and dispose of the petitioner’s representation by a reasoned order within three months, ensuring a hearing opportunity, and disposed of the writ petition.
Issues considered
- Whether the bank is liable to pay the petitioner’s salary arrears and post‑retiral benefits as directed by the earlier court order.
- Whether the bank must consider and dispose of the petitioner’s representation regarding the arrears within a stipulated time.
- Whether the alleged defalcation under IPC Section 409 affects the petitioner’s entitlement to post‑retiral dues.
Subjects
- salary arrears
- post‑retiral benefits
- co‑operative bank
- service dismissal
- representation
- writ petition
- direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25299 of 2013
======================================================
Shyam Kumar Sharma Son Of Late Rajeshwar Prasad Sharma Resident Of
Village- Maniyawan, Police Station- Kazisarai, District- Jehanabad
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Managing Director, Magadh Central Co-Operative Bank Ltd., Gaya
3. The Administrator, Magadh Central Co-Operative Bank Ltd. Gaya
4. The Registrar, Co-Operative Societies, Bihar, Patna
5. The Additional Registrar, Planning Co-Operative Societies, Bihar, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar
For the Respondent/s : Mr.Purnendu Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL ORDER
3 28-01-2026 1. This Writ petition has been filed with a
prayer for direction to the respondents to pay the
salary to the petitioner from 1989 to 26.06.2006
with statutory interest as to when the petitioner
superannuated on 30.04.2007.
2. The brief facts of the Writ petition are
that the petitioner had earlier filed a Writ petition
vide CWJC No. 5186/2012 before this Court and
this Court vide order dated 19.07.2012 disposed of
the said Writ petition, directing the respondents
not to deny the post retiral dues like gratuity, CPF
Patna High Court CWJC No.25299 of 2013(3) dt.28-01-2026
2/7
and leave encashment and the respondent
authorities of the Bank were directed to ensure
that all the post retiral benefits as claimed by the
petitioner are paid to him in accordance with law
within a period of three months from the date of
receipt/production of a copy of that order.
However, the respondents shall be entitled to
retain part of the amount of Rs. 50,795.40/-
allegedly defalcated by the petitioner, which has
not yet been refunded by the petitioner, subject to
the verification of the claim of the petitioner of his
having refunded an amount of Rs. 49,000/-.
3. It is the case of the petitioner that he
was appointed as an Assistant in Gaya-Jehanabad-
Aurangabad Central Co-operative Bank Ltd. on
01.01.1971. Thereafter, he was promoted to the
post of Assistant Manager in the year 1985 and
continued on the said post till 30.06.1998.
4. On 30.06.1998, the petitioner met with
an accident in which he sustained certain injuries
as such, he applied for leave through his letter
dated 01.07.1988. The Managing Director of the
Patna High Court CWJC No.25299 of 2013(3) dt.28-01-2026
3/7
Bank also informed the petitioner that he could
remain on leave until he fully recovers from the
injuries. Later, the petitioner was declared fit by
the Doctor and the petitioner joined at the
Headquarters of the Bank at Gaya. While the
petitioner was working at the Headquarters, he
received a letter bearing no. 921 dated 11.04.1989
by the Administrative Officer of the Bank and the
petitioner was directed to file his show-cause reply
within a week for a departmental proceeding
having been initiated against him. Further the
petitioner was suspended on 21.09.1989.
Thereafter, a departmental proceeding was
initiated on 15.02.1990. The petitioner’s
suspension was subsequently revoked on
21.08.1993 and he joined the post of Assistant
Manager, Barachatti Branch of the Bank at Gaya.
The petitioner, however, was dismissed from
service on 01.03.1995. Against which, the
petitioner preferred a Service Appeal No. 27/1995
before the Registrar, Co-operative Societies, Bihar,
Patna and the said appeal was allowed on
Patna High Court CWJC No.25299 of 2013(3) dt.28-01-2026
4/7
26.08.1996, setting aside the order of dismissal.
However, the Bank had communicated that the
petitioner was dismissed from service vide memo
no. 853 dated 29.01.1997. Against which also, the
petitioner preferred Service Appeal No. 91/1997
before the Registrar, Co-operative Societies, Bihar,
Patna. The Additional Registrar heard the matter
basing on the orders and directions of this Court
contained in CWJC No. 3471/2002, allowed the said
appeal vide order dated 26.07.2002 and again the
order of dismissal was set aside with a direction to
the Disciplinary Authority to pass appropriate order
of punishment except the order of dismissal from
service.
5. Against the said order dated
26.07.2002, the Magadh Central Co-operative Bank
Ltd, Gaya preferred a Writ petition before this
Court vide CWJC No. 13686/2002, which stood
dismissed as withdrawn vide order dated
04.01.2007.
6. The petitioner filed an application on
17.09.2007 in the office of the Managing Director
Patna High Court CWJC No.25299 of 2013(3) dt.28-01-2026
5/7
that he joined service on 27.02.2006 and,
thereafter he superannuated from service on
30.04.2007 and requested the concerned authority
to pay dues amount. Further, the petitioner also
filed an application on 17.09.2010 before
Managing Director for issuing due retiral benefits
along with arrears of salary.
7. It also appears that an F.I.R. was lodged
against the petitioner vide Makhdumpur P.S. Case
No. 78/10 for the offence under Section 409 IPC, in
which, it has been alleged that the petitioner while
in service misappropriated an amount of Rs.
50,795.40/- during the period since 14.02.1987 to
19.03.2010.
8. Being aggrieved, the petitioner
approached this Court by filing CWJC No.
5186/2012 which has been discussed in the
preceding paragraph of this order.
9. Heard the Learned counsel for the
petitioner and the Learned counsel for the
respondents. Perused the records.
10. Since the authorities are not paying the
Patna High Court CWJC No.25299 of 2013(3) dt.28-01-2026
6/7
arrears of salary to the petitioner since 1989 to
2006, the present Writ petition has been filed.
11. It is the contention of the Learned
counsel for the petitioner that the petitioner has
made a representation before respondent no. 2/the
Managing Director, Magadh Central Co-operative
Bank Ltd, Gaya, which has been annexed in the
Writ petition as Annexure -6, in which the
petitioner has requested for ensuring the payment
of arrears of salary for the relevant period as also
other post retiral dues. It is stated that the
respondents have neither ensured the payment
nor have disposed the representation of the
petitioner.
12. Without going into the merits of the
case, this Writ petition is disposed of with a
direction to respondent no. 2 to consider and
dispose of the representation of the petitioner by a
reasoned and speaking order within a period of
three months from the date of receipt/production
of a copy of this order.
13. Needless to state that the authority
Patna High Court CWJC No.25299 of 2013(3) dt.28-01-2026
7/7
before passing any order on the said
representation, shall afford an opportunity to the
petitioner of being heard.
14. With the aforesaid observation
/direction, the Writ petition stands disposed off.
(G. Anupama Chakravarthy, J)
sunilkumar/-
U
Checking your session…