Patna High Court
Bugun Kumari @ Bugan kumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner must first file a representation before the Engineer‑in‑Chief, who shall then pass a reasoned order, and therefore no direct order for payment of dues was issued.
Summary
Bugun Kumari, the widow of late Junior Engineer Navlesh Prasad Singh, filed a writ petition seeking payment of his post‑retirement salary and other admissible dues for periods from Jan 2000‑Mar 2001 and Aug 2005‑May 2020. The husband had been arrested in 2017 under the Prevention of Corruption Act, dismissed in 2020, and his departmental appeal was rejected; he died in April 2024. The petitioner claimed that, irrespective of the pending criminal case, she was entitled to the dues and had filed representations, but no payment was made. The State argued that the petitioner should first make a fresh representation before the Engineer‑in‑Chief. The High Court disposed of the petition, directing the petitioner to file a representation within 30 days and ordering the Engineer‑in‑Chief to issue a reasoned order within 60 days, without directly ordering payment of the dues.
Issues considered
- Whether the petitioner is entitled to the admissible salary and post‑retirement dues of her deceased husband despite his dismissal and pending criminal proceedings.
- Whether the High Court can directly command payment of the dues or must direct the petitioner to file a fresh representation before the appropriate departmental authority.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 13(2) read with 13(1)(d), 7
Subjects
- post‑retirement dues
- civil writ jurisdiction
- salary arrears
- departmental dismissal
- criminal proceedings
- representation
- Bihar Rural Works Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5052 of 2026
======================================================
Bugun Kumari @ Bugan kumari W/o- Late Navlesh Prasad Singh @ Navlesh
Prasad, D/o Rabindra Singh, Resident of Village- Madhopur, P.S.- Silao,
District- Nalanda. At present residing at Vishnu Bihar Colony, Road No. 1,
Bhusunda Manpur Gaya, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through Addl. Chief Secretary, Rural Work Department,
Govt. of Bihar, Patna.
2. The Addl. Chief Secretary, Rural Work Department, Govt. of Bihar, Patna.
3. The Engineer-in-Chief cum Addl. Commissioner- cum-Special Secretary,
Rural Work Department, Govt. of Bihar, Patna.
4. The Executive Engineer, Rural Work Department, Works Division, Tekari,
Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siya Ram Shahi, Advocate
Mr. Abhishek Raj Kashyap, Advocate
For the Respondent/s : Mr. Birju Prasad, GP-13
Mr. Ajit Anand, AC to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 06-04-2026
Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
“For issuance of an
appropriate writ commanding the
respondents to pay the due salary of
late Navlesh Prasad Singh, Husband
of the petitioner, who died on
Patna High Court CWJC No.5052 of 2026 dt.06-04-2026
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03.04.2024 from January, 2000 to
March 2001 and from 01.08.2005 till
retirement that is on 31.05.2020.
(ii) For issuance of any
other relief/reliefs for which the
petitioner is entitled under law as well
as under facts.”
3. Learned Counsel for the petitioner submits that
petitioner is the wife of late Navlesh Prasad Singh, who died on
03.04.2024. Counsel submits that husband of the petitioner was
appointed as Junior Engineer on 29.12.1987 and during his
service period he was lastly posted as Junior Engineer, at Tekari
Section (Gaya) under Rural Works Division, Tekari, Gaya,
where he was arrested on 27.04.2017 in Vigilance Trap resulted
into Vigilance Case No.30 of 2017 under Sections 7/13(2) read
with Section 13(1)(d) of the Prevention of Corruption Act, 1988.
Counsel submits that in addition to a criminal case, there was a
departmental proceeding initiated against him in which he was
dismissed vide order dated 28.04.2020 against which the
husband of the petitioner preferred departmental appeal which
was also dismissed on 02.02.2021. Then the husband of the
petitioner preferred CWJC No.3859 of 2022 against the order of
dismissal which was also dismissed due to non-compliance of
peremptory order dated 27.09.2023. On 03.04.2024, the
Patna High Court CWJC No.5052 of 2026 dt.06-04-2026
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husband of the petitioner died. The petitioner filed MJC No.788
of 2025 for restoration of CWJC No.3859 of 2022. Counsel
submits that the date of superannuation of the husband of the
petitioner was 31.05.2020. Entitlement of the petitioner for the
post retiral dues of her husband was subject to outcome of
CWJC No.3859 of 2022 but for the admissible salary and other
dues of her husband, petitioner is entitled and in this regard the
petitioner filed representation before the Executive Engineer
and other Officials. Counsel submits that subsequently vide
Annexure-P/9, letter No.9463 dated 02.09.2025, a letter has
been communicated by respondent No.3 to the Executive
Engineer, Rural Works Department, Work Division, Tekari, to
proceed with regard to the petitioner’s admissible dues. But in
spite of that no a single penny has been paid. Thereafter, the
petitioner has filed the present writ petition.
4. Learned Counsel for the State submits that the writ
petition may be disposed off directing the petitioner to file fresh
representation before respondent No.3, the Engineer-in-Chief-
cum-Additional Commissioner-cum-Special Secretary, Rural
Works Department, Government of Bihar, Patna, to pay
admissible dues to the petitioner.
5. In the light of the submissions made, the writ
Patna High Court CWJC No.5052 of 2026 dt.06-04-2026
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petition is disposed off directing the petitioner to file
representation along with a copy of this order before respondent
No.3, the Engineer-in-Chief- cum-Additional Commissioner-
cum-Special Secretary, Rural Works Department, Government
of Bihar, Patna, within 30 days from today and respondent No.3,
the Engineer-in-Chief- cum-Additional Commissioner-cum-
Special Secretary, Rural Works Department, Government of
Bihar, Patna, shall pass a reasoned and speaking order on the
representation of the petitioner within 60 days thereafter.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.04.2026
Transmission Date
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