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Patna High Court

Arvind KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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