Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court ordered the departmental enquiry to be concluded within a month and the pension benefits to be decided thereafter, thereby directing the authorities to determine the petitioner’s entitlement.
Summary
Arvind Kumar, a retired Assistant Sub-Inspector of Police, filed a writ petition seeking his leave encashment and pension, which were withheld due to a pending departmental enquiry and a criminal case alleging illegal money acquisition. He was acquitted in the criminal case by the Sub‑Judge‑cum‑ACJM, Masaurhi, and submitted the acquittal order to the authorities. The State argued that the acquittal had been placed on record and that the departmental enquiry should proceed. The Court directed the petitioner to submit all relevant documents to the Enquiry Officer, who must conclude the departmental enquiry within one month, after which the Disciplinary Authority must decide on the pension benefits within two months. Accordingly, the writ application was disposed, with the Court ordering the authorities to determine the petitioner’s pension and leave encashment based on the enquiry outcome.
Issues considered
- Whether the petitioner is entitled to leave encashment and pension despite a pending departmental enquiry.
- Whether the acquittal in the criminal case mandates closure of the departmental enquiry or affects the pensionary benefits.
Legislation cited
- Indian Penal Code — s. 34, 384
Subjects
- pension
- leave encashment
- departmental enquiry
- acquittal
- police service
- civil writ jurisdiction
- interest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4509 of 2026
======================================================
Arvind Kumar Son of Late Shyam Narayan Singh, Resident of Village-
Shahpur Balwa, P.S.- Nagarnausha, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. D.G. of Police Bihar, Patna.
3. A.D.G. of Police (HQ) Bihar, Patna.
4. I.G. of Police, Central Range, Patna.
5. S.S.P., Patna.
6. S.P., City East, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shruti Sinha
For the Respondent/s : Mrs. Anuradha Singh, SC-21
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The instant writ application has been filed seeking a
direction upon the respondents to grant leave encashment and
pension, which have not yet been extended to the petitioner, along
with interest @ 12% on the arrears from the date it became due till
the date of actual payment, as the petitioner has retired from the
post of ASI of Police on 30.11.2022, or for any other order(s)
which this Court may deem fit and proper in the facts and
circumstances of the case.
3. Learned counsel for the petitioner submits that on an
allegation of illegally acquiring money from trucks, a
Patna High Court CWJC No.4509 of 2026(2) dt.02-04-2026
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departmental enquiry as well as a criminal case, being Masaudhi
P.S. Case No. 21 of 2021 dated 06.01.2021 under Sections 384/34
of the IPC, was instituted. The petitioner was placed under
suspension and subjected to departmental proceedings. It is the
case of the petitioner that in the criminal case, he has been
exonerated by the Court of Sub-Judge-cum-ACJM, Masaurhi, vide
judgment dated 13.01.2023. It is further submitted that on the
same allegations, a departmental enquiry has also been initiated,
which is still pending, on account of which the pension and other
pensionary benefits have not been settled till date.
4. Learned counsel further submits that the petitioner
shall place the judgment of acquittal passed by the Court of the
Sub-Judge-cum-ACJM, Masaurhi before the Enquiry Officer, and
upon such submission in connection with Masaudhi P.S. Case No.
21 of 2021, necessary orders with regard to the allegations
forming the subject matter of the departmental enquiry may be
directed to passed, and the same shall be concluded, whereafter
appropriate orders shall be passed in the departmental proceeding,
on account of which the pension and pensionary benefits of the
petitioner have been withheld.
5. On the other hand, learned counsel for the State
submits that since the judgment of acquittal has already been
Patna High Court CWJC No.4509 of 2026(2) dt.02-04-2026
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brought on record as Annexure-P/5 to the writ application,
appropriate directions may be issued to the authorities to take a
decision in the pending departmental enquiry as well as with
regard to the entitlement of the petitioner to pension and
pensionary benefits.
6. In view of the submissions advanced on behalf of the
parties, this Court deems it appropriate to direct the petitioner to
place all relevant documents before the Enquiry Officer, who,
upon consideration thereof, shall pass a final order in the
departmental enquiry within a period of one month from the date
of production of such documents. Upon submission of the enquiry
report before the Disciplinary Authority, a final decision shall be
taken with respect to the departmental proceeding, and
considering the outcome thereof, the entitlement of the petitioner
to pension and pensionary benefits shall also be decided within a
further period of two months thereafter.
7. With the aforesaid observations and directions, the
instant writ application stands disposed.
(Ajit Kumar, J)
shikha/-
U
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