Created by Fuzzy Cloud

Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the impugned order is appealable and disposed the writ petition, granting the petitioner liberty to file an appeal.

Summary

Ajay Kumar, a peon in the Public Health Sub‑Division, Sitamarhi, challenged Office Order No.60 dated 17‑12‑2018 issued by the Assistant Engineer which stopped his salary increments for over three years. He alleged that the order violated the Bihar CCA Rules, 2005 and the principles of natural justice, and sought certiorari to quash the order, mandamus for payment of salary during the suspension period, and mandamus for the grant of annual increments. The petitioner also requested any other appropriate reliefs. The State did not contest the petition. The Court observed that the impugned order is appealable under the service rules and therefore the writ petition could be disposed of by granting the petitioner liberty to prefer an appeal. Consequently, the petition was disposed with liberty to appeal against the order.

Issues considered

  • Whether Office Order No.60 dated 17‑12‑2018 is liable to be quashed on the ground of violation of Bihar CCA Rules, 2005 and principles of natural justice.
  • Whether the petitioner is entitled to salary for the suspension period.
  • Whether the petitioner is entitled to the annual increments that were stopped.
  • Whether the writ petition is maintainable or the order is appealable under service law.

Subjects

  • certiorari
  • mandamus
  • increment
  • salary suspension
  • natural justice
  • Bihar CCA Rules 2005
  • public health engineering department
  • appealability
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8715 of 2024
                 ======================================================
                 Ajay Kumar son of Late Churaman Rai, resident of Village-Kamrauli, P.S.
                 Sheohar, District-Sheohar, presently working as Peon in Public Health Sub-
                 Divisin, Belsand, District-Sitamarhi.
                                                                            ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Public Health Engineering Department,
                 Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road, Patna.
           3.    The Engineer in Chief cum Special Secretary, Public Health Engineering
                 Department, Government of Bihar, Bishweshwaraiya Bhawan, Bailey Road,
                 Patna.
           4.    The Chief Engineer, Public Health Engineering Department, Government of
                 Bihar, Patna.
           5.    The Superintending         Engineer,   Public   Health   Engineering   Circle,
                 Muzaffarpur.
           6.    The Executive Engineer, Public Health Division, Sitamarhi.
           7.    The Assistant Engineer, Public Health Sub-Division, Belsand, District-
                 Sitamarhi.
           8.    The Assistant Engineer, Public Health Sub-Division, Pupri, District-
                 Sitamarhi.
           9.     The Assistant Engineer, Public Health Sub-Division, Sitamarhi, District-
                  Sitamarhi.
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Vijay Kumar Singh, Advocate
                 For the Respondent/s   :        Mr. Government Advocate 7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   05-02-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following relief/s:-

                                                “I. For issuance of an appropriate writ
                                                in the nature of CERTIORARI for
                                                quashing the part of the office order no.
Patna High Court CWJC No.8715 of 2024(2) dt.05-02-2026
                                             2/3




                                       60 dated 17.12.2018 passed by the
                                       Respondent no.6 and contained in his
                                       memo no. 1252 dated 17.12.2018,
                                       whereby and where under he has been
                                       pleased to stop the increment of the
                                       petitioner for more than three years with
                                       cumulative effect on the ground that the
                                       impugned order of punishment was
                                       passed        in    gross       violation        of     the
                                       provisions as contemplated under the
                                       Bihar CCA Rules, 2005 as also the
                                       principles of NATURAL JUSTICE.
                                       II. For issuance of an appropriate writ
                                       in      the        nature       of        MANDAMUS
                                       commanding                and        directing          the
                                       Respondent Authorities to pay the salary
                                       of the suspension period after deducting
                                       the     subsistence          allowance           to     the
                                       petitioner.
                                       III. For issuance of an appropriate writ
                                       in      the        nature       of        MANDAMUS
                                       commanding                and        directing          the
                                       Respondent Authorities to grant the
                                       annual increments to the petitioner for
                                       which         he     is     legally       entitled       in
                                       accordance with law if the impugned
                                       order of punishment would not be
                                       passed.
                                       IV.     For        issuance          of    any        other
                                       appropriate          writ/writs,          order/orders,
             Patna High Court CWJC No.8715 of 2024(2) dt.05-02-2026
                                                         3/3




                                                    direction/directions for which the writ
                                                    petitioner would be entitled under the
                                                    facts and circumstances of the case.”


                                   3. After some argument, learned counsel for the

                       petitioner submits that the order under challenge i.e. Office

                       Order No.60 dated 17.12.2018 passed by the Respondent no.6,

                       as contained in Memo No. 1252 dated 17.12.2018 (Annexure-

                       P/2) is appealable. As such, he submits that the present writ

                       petition may be disposed off with liberty to prefer appeal against

                       the said order.

                                   4. Learned counsel for the State has no objection for

                       the same.

                                   5. As such, in the light of the submissions made, this

                       writ petition is hereby disposed off, granting liberty to the

                       petitioner to avail his remedy of appeal against the order under

                       challenge.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.