Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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