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Patna High Court

Vijay Kumar Sharma@ Vijay SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court quashed the impugned order and directed the petitioner to make a fresh representation and the SSP, Patna to pass a reasoned order within stipulated time, thereby disposing of the writ petition.

Summary

The petitioner, a senior police officer about to retire, filed a writ petition seeking a mandamus directing the State and police officials to pay the amount due for his suspension period with interest, relying on a prior judgment of this Court dated 30‑11‑2017. The petitioner argued that the Senior Superintendent of Police (SSP), Patna, had failed to act on the earlier order and therefore was liable to make the payment. The State contended that the earlier judgment only required the SSP to re‑examine the matter after giving the petitioner an opportunity, not to make an immediate payment. The Court examined Rule 11 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005, which obliges the disciplinary authority to decide on payment of suspension amounts when rendering the final order. Finding that the SSP had not complied with the court’s direction, the Court quashed the impugned memo dated 20‑03‑2012 and directed the petitioner to file a fresh representation within 30 days and the SSP to issue a reasoned order within 90 days, also deciding on eligibility and due amount. Consequently, the writ petition was disposed of with these directions.

Issues considered

  • Whether the respondents are bound to pay the petitioner the due suspension amount with interest as per the earlier judgment.
  • Whether the order dated 20‑03‑2012 issued by the SSP, Patna, is valid or must be set aside.
  • Whether the SSP, Patna, must pass a reasoned order after the petitioner is given a fresh opportunity to represent his grievances.
  • Interpretation of Rule 11 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 regarding the disciplinary authority's duty to decide on payment of suspension period.

Subjects

  • writ of mandamus
  • suspension pay
  • government servant rules
  • disciplinary authority
  • procedural fairness
  • Rule 11 Bihar Government Servant Rules

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.8181 of 2024
                 ======================================================
                 Vijay Kumar Sharma@ Vijay Sharma Son of Late Shiv Nandan Singh
                 Resident of Village Oiyoura, P.O.- Bir, P.S.- Dhanarua, District- Patna,
                 (Bihar).
                                                                         ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Principal Secretary, Home Department,
                  Government of Bihar, Patna.
           2.    The Deputy Inspector General of Police, Central Zone, Patna.
           3.    The Senior Superintendent of Police, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Indu Shekhar Dwivedi, Adv.
                 For the Respondent/s   :      Mr.Standing Counsel (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   28-01-2026                     Heard Learned Counsel for the petitioner and

                   Learned Counsel for the State.

                               2. Learned Counsel for the petitioner submits that the

                   present writ petition has been filed with the following reliefs:-

                                              1. That, this writ application by the
                                  petitioner (who is going to be retire from the post
                                  of S.I.) citizen of India, for issuance of writ of
                                  mandamus or any other appropriate writ(s) / order
                                  (s)/ direction (s) to command and direct the
                                  respondents / Authorities to pay the due amount
                                  withhold one annual increment vide memo No.4697
                                  dated 20.03.2012 order passed by Respondent No.3
                                  and order under Memo No.38 dated 28.01.2014
                                  passed by the Respondent No.2 and due amount of
                                  suspension period of the petitioner with interest
                                  forthwith in the light of Judgment dated 30.11.2017
                                  passed by this Hon'ble Court and / or to allow
                                  other suitable relief in facts and circumstances of
                                  the case.
Patna High Court CWJC No.8181 of 2024(3) dt.28-01-2026
                                            2/3




                      3. Counsel for the petitioner further submits that in the

          order dated 30.11.2017 passed by this Hon’ble Court, specific

          direction was given to the S.S.P., Patna that he would be at

          liberty to examine the matter afresh after giving opportunity to

          the petitioner in accordance with law.

                      4. Counsel further submits that the S.S.P., Ptna has not

          opted to pass order and therefore, he is entitled to get the said

          due amount of suspension period.

                      5. Counsel for the State on the other hand, submits

          that there was no specific direction to make payment to the

          petitioner of due amount of suspension period with interest

          rather opportunity was granted to the S.S.P., Patna to examine

          the matter afresh and after granting opportunity to the petitioner

          in accordance with law.

                      6. In the light of the submissions made, this Court

          particularly considering Rule 11 of the Bihar Government

          Servant (Classification, Control and Appeal) Rules, 2005, which

          states that the Disciplinary Authority at the time of taking

          decision on the final order, shall decide on the payment of

          amount of suspension period. Here in the present case, S.S.P.,

          Patna has not proceeded according to the petitioner and has not

          taken decision in compliance of Hon’ble Court’s order
          Patna High Court CWJC No.8181 of 2024(3) dt.28-01-2026
                                                      3/3




                     mentioned above. The operative part of the order is stated as

                    follows:-

                                                “In view of the admitted position that the
                                    disagreement has been recorded without affording
                                    any opportunity to the petitioner. The impugned
                                    order dated 20.03.2012 as contained in Memo
                                    No.4697 issued by the SSP, Patna is quashed. The
                                    SSP, Patna would however, be at liberty to examine
                                    the matter afresh after giving opportunity to the
                                    petitioner in accordance with law.”
                                7. In this view of the matter, the present writ petition

                    is hereby disposed off directing the petitioner to file a fresh

                    representation raising all his grievances before the S.S.P., Patna

                    (respondent No.3) within 30 days along with this order and the

                    respondent No.3 shall pass a reasoned and speaking order within

                    90 days after receiving the same.

                                8. It is also directed to respondent No.3 to take

                    decision on the point of eligibility and due amount of

                    suspension period also.

                                9. With the aforesaid directions and observations, the

                    present writ application stands disposed off.



                                                            (Dr. Anshuman, J)
Prakashmani/-

U


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