Md. Jasim KhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5505 of 2026
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                 Md. Jasim Khan Son of Late Md. Yasim Khan Resident of Ward No.- 4,
                 Jagdishpur, Police Station - Jagdishpur, District - Bhojpur, (Arrah).

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Principal Secretary, Department of Rural
                 Development, Govt. of Bihar, Patna.
           2.    The District Magistrate-cum- District Service Complaint Redressal
                 Appellate Authority, Bhojpur at Arrah.
           3.    The Sub- Divisional Officer, Sadar Arrah, District- Bhojpur, Arrah.
           4.    The Deputy Collector (Establishment), Bhojpur, Arrah.
           5.    The Deputy Collector (Nazarat), Bhojpur, Arrah.
           6.    The Block Development Officer, Jagdishpur, District- Bhojpur, Arrah.
           7.    The Circle Officer, Tarani, District- Bhojpur, (Arrah).
           8.    The Accountant General, Bihar, Veerchand Patel Path, Patna.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :       Mr.Arun Kumar, Advocate
                 For the Respondent/s   :       Mr. Sitaram Yadav, GP-16
                                                Mr. Yatindra Naraya, AC to GP-16
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                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                                ORAL ORDER
2   15-04-2026                   Heard learned counsel appearing for the petitioner and

                   learned counsel appearing for the State.

                                 2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed seeking issuance of a writ of

                   mandamus directing the respondent authorities to pay the full

                   salary of the petitioner for the working period from September,

                   2022 till date, and also to release the remaining 50% of the
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          withheld salary. It is further submitted that the petitioner is

          willing to furnish an undertaking that, in the event any liability

          is ultimately determined against him, he shall refund the amount

          so paid.

                      3. Learned counsel for the petitioner further submits

          that payment of the petitioner’s salary has been stopped, despite

          the fact that a three-member committee has already made a

          recommendation vide Annexure P/6, i.e., Letter No. 554 dated

          04.08.2025, stating that the matter is serious and that the tenure

          of the petitioner should be examined through a special audit by

          the Accountant General, Bihar, Patna, so that an appropriate

          decision may be taken.

                      4. Learned counsel for the State, on the other hand,

          submits that vide Annexure P/7, being Letter No. 78 dated

          14.11.2026, a request has already been made by the District

          Magistrate, Bhojpur, Ara to the Accountant General, Bihar,

          Patna for conducting the audit. However, in the meantime, the

          petitioner has filed the present writ petition.

                      5. In view of the facts and circumstances of the case,

          this Court refrains from passing any order on merits, particularly

          in view of the fact that the petitioner has not impleaded the

          Accountant General, Bihar, Patna as a party respondent in the
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          present writ petition. This Court is also not inclined to keep the

          matter pending.

                      6. Accordingly, this Court directs the Accountant

          General, Bihar, Patna to act upon Annexure P/7, i.e., Letter No.

          78 dated 14.11.2026, and to ensure that the audit is completed at

          the earliest. It is made clear that the expenses of the audit team

          shall be adjusted from the salary of the petitioner.

                      7. This Court is well aware of the fact that the

          Accountant General, Bihar, Patna has not been impleaded as a

          party respondent, and in the absence of such impleadment, the

          aforesaid order could not be complied with within the stipulated

          time.

                      8. Accordingly, it is directed that the Accountant

          General, Bihar, Patna be impleaded as respondent no. 8 in the

          present case.

                      9. The Registry is directed to carry out necessary

          correction in the cause title of the final order by inserting

          respondent no. 8 as: “Accountant General, Bihar, Veerchand

          Patel Path, Patna”.

                      10. With the aforesaid observation and direction, the

          present writ petition stands disposed off.

                      11. Registry is directed to transmit a copy of this order
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                      to the Accountant General, Bihar, Veerchand Patel Path, Patna

                      through e-mail, fax or any other mode of communication

                      forthwith.



                                                 (Dr. Anshuman, J)
Ashwini/-

U