Patna High Court
Rajeev Ranjan @ Rajiv RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the District Education Officer to adjudicate the petitioner's claim within eight weeks and, if found genuine, to extend the entitled benefits.
Summary
The petitioner, a Block Teacher in Rohtas, was convicted under Sections 304B and 34 of the Indian Penal Code in 2017 and sentenced to imprisonment, but was acquitted on appeal in April 2025. During his judicial custody from May 2017 to October 2025, the respondent education authorities treated the period as a break in service and denied him salary, unlike his similarly situated colleagues. The petitioner filed a writ petition seeking back wages, continuity of service, and direction to consider a representation filed on 16 March 2026 before the District Education Officer. The State argued that the pending representation should be decided in accordance with law and the acquittal. The Court held that the District Education Officer must adjudicate the petitioner's claim within eight weeks and, if found genuine, grant the appropriate benefits. Consequently, the writ application was disposed with the said directions.
Issues considered
- Whether the period of judicial custody after acquittal should be treated as a break in service for salary purposes
- Whether the petitioner is entitled to back wages and continuity of service
- Whether the pending representation filed by the petitioner should be decided by the District Education Officer
Legislation cited
- Indian Penal Code — s. 304B, 34
Subjects
- judicial custody
- back wages
- service continuity
- acquittal
- salary protection
- education department
- writ petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6197 of 2026
======================================================
Rajeev Ranjan @ Rajiv Ranjan Son of Sheo Shankar Prasad, resident of
village/Mohallah - Chapra, P.S.- Akhorigola, District- Rohtas (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Government of Bihar,
Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Vikash Bhawan, Patna.
4. The District Magistrate, Rohtas.
5. The District Education Officer, Rohtas.
6. The Block Education Officer, Akhorigola, District- Rohtas.
7. The Block Development Officer, Akhorigola, District- Rohtas.
8. The Head Master, Middle School, Chapra, District- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek
For the Respondent/s : Mr. Kumar Pankaj, AC to SC-5
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondent authorities
to make payment or to consider the prayer of
the petitioners regarding payment of his
salary for the period from 30.05.2017 to
03.10.2025 by treating the same not the
breakage of service period and further to
provide salary protection like other teachers
and to confirm his service on the post of
Patna High Court CWJC No.6197 of 2026(2) dt.28-04-2026
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Block Teacher, Middle School, Chapra,
Rohtas since the date of initial joining as the
petitioner was not intentionally absent in the
said period rather was under judicial
custody in a criminal proceedings which he
has been acquitted by this Court.
(ii) For directing the respondent authority to
consider and decide representation dated
16.03.2026 filed by the petitioner which is
pending before the respondent no.5.
(iii) For any other relief to which the
petitioner is found entitled in the facts and
circumstances of the case.
3. Learned counsel for the petitioner submits that for
an allegation under Section 304B/34 of the Indian Penal Code in
connection with Akhorigola P.S. Case No.117 of 2009, the
chargesheet was submitted against this petitioner and he was put
under trial vide Sessions Trial No.57 of 2010, in which the
petitioner was convicted on 30.05.2017 and order of sentence
dated 01.06.2017 was passed. It is the case of the petitioner that
against the judgment of conviction, the petitioner filed Criminal
Appeal (DB) No.955 of 2017, which was admitted for hearing
on 19.04.2025, and after hearing, he was acquitted from all the
charges and with the intervention of this Hon’ble Court, the
joining has been accepted, but the period under judicial custody,
according to this petitioner, is being treated as a breakage in
service owing to which the petitioner is allowed salary which is
Patna High Court CWJC No.6197 of 2026(2) dt.28-04-2026
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not at par with other similarly situated persons.
4. It is further submitted that there has not been any
departmental enquiry initiated against the petitioner nor was he
placed under any departmental proceedings and therefore, no
order prejudicial to the interest of this petitioner is said to have
been passed and since acquittal has already been recorded by
this Court, therefore, the petitioner is entitled to back wages as
also continuity in service for which there is already a
representation filed before the District Education Officer,
Rohtas at Sasaram, which is appended with the writ application
as Annexure-P/5.
5. On the other hand, learned counsel for the State
submits that since representation is already pending, the District
Education Officer may be directed to take a final decision
strictly in consonance with the law laid down on the issues and
in reference to the judgment of acquittal recorded by this Court.
6. Considering the submissions of the parties, this
Court deems it appropriate to direct the District Education
Officer, Rohtas at Sasaram to adjudicate the claim of the
petitioner, pursuant to the representation already filed, within a
period of eight weeks from the date of receipt/production of a
copy of this order.
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7. It is made clear that if the claim of the petitioner is
found genuine upon such adjudication, the benefits to which he
is found entitled shall also be extended in his favour within the
same time frame.
8. With the aforesaid observations and directions, the
writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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