Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court directed the Additional Chief Secretary to dispose of the petitioner’s appeal within three months and disposed of the writ petition accordingly.
Summary
Ajay Kumar, a prisoner, filed a writ petition seeking to quash a memo dated 2‑Sept‑2024 that withheld his three‑yearly increment and denied any pay during his suspension except subsistence allowance. He also requested that the Additional Chief Secretary (respondent No.2) be directed to dispose of his pending appeal against the punishment order. The court noted that the appeal remained pending without any decision. In the interest of justice, the court directed respondent No.2 to decide the appeal within three months, issuing a reasoned order and affording a hearing if necessary. The writ petition was consequently disposed of in these terms.
Issues considered
- What relief, if any, can the court grant to compel a government authority to decide a pending appeal of a prisoner's punishment?
- Whether the memo withholding the three‑yearly increment and suspension pay is legally valid and can be quashed.
Subjects
- civil writ jurisdiction
- prisoner rights
- increment withholding
- suspension pay
- government order
- direction to administrative authority
- pending appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.92 of 2026
======================================================
Ajay Kumar Son of Late Girwardhari Prasad, Resident of Village - Hansepur,
Police Station-Aungari in the district of Nalanda.
... ... Petitioner
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Home, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Home, Government of Bihar,
Patna.
3. The Inspector General (Prison), Bihar, Patna.
4. The Assistant Inspector General (HQ) (Prison), Bihar, Patna.
5. The Superintendent, Central Jail, Beur, Patna.
6. The Superintendent, Central Jail, East Champaran at Motihari.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sunil Kumar, Advocate
For the Respondents : Mr. Government Pleader (5), APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 31-01-2026 Heard learned counsel for the parties.
2. The petitioner has filed this writ application for
following relief(s): -
“(I) To quash the order contained in
Memo No. 6716 dated 2.9.2024 issued under the
signature of respondent no. 3 by which Three
yearly increment has been withheld with non-
cumulative effect as well as during suspension
period except subsistence allowance nothing will
be paid to the petitioner during Suspension
period.
II. Also to direct the respondent no.2 to
dispose of the appeal filed by the petitioner
against the order of punishment contained in
Patna High Court CWJC No.92 of 2026(2) dt.31-01-2026
2/2
Memo No.6716 dated 2.9.2024.
III. Also for any other relief/reliefs for
which the petitioner is found to be entitled by
law.”
3. From relief no. 1 (II), it appears that against the
order of punishment, the petitioner has preferred an appeal
before the respondent no.2. However, it is submitted on behalf
of the petitioner that till date no decision has been taken by
respondent No.2 on petitioner’s appeal.
4. In the interest of justice, it would be expedient that
a direction be issued to the respondent No.2 to decide the
petitioner’s appeal.
5. Accordingly, respondent No.2 is directed to dispose
of the appeal preferred by the petitioner within three months
from today by a reasoned and speaking order, if necessary, by
affording an opportunity of hearing to the petitioner and
communicate the decision to the petitioner.
6. The writ application stands disposed of in the
aforesaid terms.
(Praveen Kumar, J)
shivam/-
U
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