Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court disposed of the writ application, directing the petitioner to file a fresh representation before the District Magistrate within fifteen days and ordering the Magistrate to decide the matter within three months.
Summary
The petitioner, a principal teacher, filed a writ petition seeking payment of salary for the period 11 March 2025 to 22 May 2025, which had been sanctioned as commuted leave under Rule 234 of the Bihar Service Code. He alleged that three officials (respondents 5, 6 and 7) illegally demanded gratification and consequently withheld his salary, causing hardship. The petitioner also sought restraining orders against further coercive action and an inquiry into the alleged misconduct. The court, after hearing both sides, noted that the reliefs sought were limited to procedural steps and that the petitioner was willing to file a fresh representation before the District Magistrate. With the consent of the parties, the court disposed of the writ by granting the petitioner liberty to file the representation within fifteen days and directing the District Magistrate to decide the matter within three months, issuing a reasoned order.
Issues considered
- Whether the court can direct the petitioner to file a fresh representation before the District Magistrate for salary payment.
- Whether the alleged illegal gratification by officials justifies judicial intervention for salary disbursement.
- Whether the writ petition can be disposed of without granting the substantive relief sought.
Subjects
- salary payment
- commuted leave
- illegal gratification
- writ jurisdiction
- administrative law
- service law
- Bihar Service Code
- District Magistrate
- representation
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.906 of 2026
======================================================
Manoj Kumar S/o- Ravindra Prasad Ray, R/o Ward no. 10, Sirdilpur, P.O. and
P.S. - Patori, District- Samastipur, presently working as Principal Utkramit
Middle School Usraha, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The District Magistrate, Samastipur.
3. The District Education Officer, District- Samastipur.
4. The District Programme Officer (Establishment), District- Samastipur.
5. Ramesh Kumar Sinha, Presently posted as Bada Babu, District Programme
Officer (Establishment), Samastipur, District- Samastipur.
6. Sunil Kumar, Presently posted as dealing Assistant, District - Programme
Officer (Establishment), Samastipur, District- Samastipur.
7. Ranjay Tiwary, Presently posted as dealing Assistant, District Programme
Officer (Establishment), Samastipur, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Ranjan, Adv
For the Respondent/s : Mr.Addl. Advocate General (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) For Directing and
commanding the respondent authorities for
making payment of the salary to the
Patna High Court CWJC No.906 of 2026(2) dt.22-01-2026
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petitioner for the period 11.03.2025 to
22.05.2025, which has already been
sanctioned as Commuted leave of 73 days,
under Rule 234 of Bihar Service code, by the
competent authority i.e. District Programme
Officer (establishment) Samastipur vide
memo no. 4885 dated 03.09.2025, but, since,
the illegal gratification demanded by
respondent nos. 5,6&7 are not fulfilled, the
due salary of the petitioner has not been
paid to the petitioner and the petitioner is
made to suffer and is being harassed, for no
fault on his part and because of nonpayment
of salary the petitioner is suffering leaps and
bounds.
(ii) For restraining and
commanding the respondent authorities not
to take any further coercive action as
against the petitioner.
(iii) For directing and
commanding the respondent authorities to
take appropriate action as against the
respondent nos. 5,6&7, after making proper
inquiry by independent agency, for
demanding illegal gratification, for making
payment of the due salary for the period
11.03.2025 to 22.05.2025 which has already
been sanctioned as commuted leave and
because of the malafied intention, as the
demand of illegal gratification demanded by
Patna High Court CWJC No.906 of 2026(2) dt.22-01-2026
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respondent nos. 5,6&7 was not fulfilled by
the petitioner, respondent nos. 5,6&7 have
illegally withheld and not paid the salary of
the petitioner till date, the legitimate claims
of the petitioner has not been redressed and
petitioner is being harassed and made to
suffer leaps and bounds, due to paucity of
salary.
(iv) For making payment of the
due salary of the petitioner for the period
11.03.2025 to 22.05.2025, along with penal
interest @18% per annum, from the pocket
of respondent nos. 5,6&7, who have not
made payment of salary to the petitioner,
inspite of the fact that the same has already
been sanctioned by the competent authority,
because of malafied intention of respondent
nos. 5,6&7.
(v) For any other appropriate
relief/reliefs to which the petitioner is found
entitled in the facts and circumstances of this
case.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief,
the petitioner has filed several representations uptil now but he
is prepared to file a fresh representation before the District
Magistrate, Samastipur once again and prays that an appropriate
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direction be given to the District Magistrate, Samastipur to
dispose of the fresh representation which would be filed by the
petitioner within a fixed time frame, after giving an opportunity
of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file a fresh
representation before the District Magistrate, Samastipur within
fifteen days from today and if such a representation is filed
within the stipulated time then the District Magistrate,
Samastipur is directed to dispose of the same within a further
period of three months from the date of filing of the
representation, after giving an opportunity of hearing to the
petitioner. Needless to emphasize that the final order which shall
be passed by the District Magistrate, Samastipur should be a
reasoned and speaking order. It is made clear that in case, the
petitioner is found entitled to the relief as would be claiming
through the representation, which the petitioner would be filing,
the same should be extended to the petitioner within a further
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period of three months from the date of passing of the final
order. In such a situation, the District Magistrate, Samastipur is
directed to conduct a proper enquiry and make accountable the
person on whose dereliction or inefficiency the petitioner has
not been granted the relief uptil now.
7. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
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