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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


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