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Patna High Court

Dr. Virendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional pension benefits and that the disciplinary authority must decide the pending departmental enquiry within two months and adjudicate related grievances within one month.

Summary

Dr. Virendra Kumar, a government medical officer, filed a writ petition challenging the withholding of his earned leave and gratuity while 90% of his provisional pension and pensionary benefits had been sanctioned during a pending departmental enquiry. The State of Bihar, represented by senior health department officials, argued that the final order would depend on the outcome of the ongoing enquiry, for which a second show-cause notice had already been issued. The petitioner sought relief to secure his full service benefits pending the enquiry. The Patna High Court examined whether the petitioner could be denied leave and gratuity before the disciplinary authority rendered its final decision. The Court directed that the disciplinary authority must conclude the departmental enquiry within two months of the order and resolve any pending grievances, including leave and gratuity, within a further month. Consequently, the petition was disposed with these specific time‑bound directions.

Issues considered

  • Whether the petitioner is entitled to full pensionary benefits, earned leave, and gratuity while a departmental enquiry is pending.
  • Whether the court can direct the disciplinary authority to decide the enquiry within a specified time frame.
  • Whether the withholding of earned leave and gratuity is lawful absent a final disciplinary order.

Subjects

  • departmental enquiry
  • provisional pension
  • earned leave
  • gratuity
  • service law
  • writ petition
  • court direction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.585 of 2024
                 ======================================================
                 Dr. Virendra Kumar Son of Late Jagannath Prasad Swatantra, R/o Ward No.
                 25, M.J.K. Hospital Road, Jengi Mashjid, P.S.- Bettiah, District- West
                 Champaran.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Additional Chief Secretary, Health Department,
                 Bihar, Patna.
           2.    The Additional Chief Secretary, Health Department, Bihar, Patna.
           3.    The Joint Secretary, Health Department, Patna.
           4.    The Deputy Secretary, Health Department, Patna.
           5.    The Civil Surgeon-cum-Chief Medical Officer, Biharsharif, Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Shambhu Narayan Singh,
                                               Mr. Suraj Kumar Tiwari, Advocates.
                 For the Respondent/s   :      Mr. Manoj Kumar, AC to Government Pleader (4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   22-01-2026                     Learned counsel for the State submits that during

                   pendency of departmental enquiry 90% of provisional pension

                   and pensionary benefits have been sanctioned in favour of this

                   petitioner, while Earned Leave and Gratuity have been withheld,

                   to be guided by the nature of order, which is likely to be passed

                   in the Departmental Enquiry, in which second show-cause has

                   already been issued and the petitioner has filed his response for

                   taking final decision in the matter.

                                 2. This writ petition is disposed of with a direction

                   that pending departmental enquiry in which show-cause has

                   already been filed by this petitioner, it is expected that the
             Patna High Court CWJC No.585 of 2024(4) dt.22-01-2026
                                                         2/2




                       disciplinary authority would take a final decision within a

                       period of two months from today and on the basis of nature of

                       order passed, the pending grievances shall be adjudicated within

                       a further period of one month thereafter.



                                                    (Ajit Kumar, J)
    perwez

U


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