Allowed

Malti Kumari v. the State of Bihar and Ors.

Patna HC21 Apr 2009CWJC/5041/2009

Case brief

AI extract

What is this about?

Two-thirds of three connected writ applications seeking arrears and current salary were allowed on the representation that withholding salary without punishment or departmental proceedings violated fundamental rights. Court directed an enquiry and immediate salary release if no punishment orders existed.

What did the court decide?

Directions to conduct an enquiry into salary withholding and release salary immediately if no punishment orders exist.

Malti Kumari Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2009)

¶1

 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.5040 of 2009
 BISHNU MAHTHA @ BISHUNDEO MAHTHA
 Versus
 THE STATE OF BIHAR & ORS
 -----------
CWJC No.5041 of 2009
MALTI KUMARI
Versus
THE STATE OF BIHAR & ORS
-----------
CWJC No.5043 of 2009
BHUWNESHWAR MANJHI
 Versus
 THE STATE OF BIHAR & ORS
 -----------

¶2

21.04.2009 Heard learned Counsel for the petitioners and the learned Counsel for the State.

¶3

The claim in these writ applications relate to arrears of salary and current salary. The submission on behalf of the petitioners is that by non payment of their salary the State itself has violated Article 23 of the Constitution of India. The petitioners are discharging their duties. There has been no order of punishment much less a departmental proceeding to justify withholding of salary. Reliance is placed on an order of this Court in CWJC No. 3545 of 2009 dated 24.3.2009.A fishing enquiry is sought to be made of their appointment orders years later, in CWJC No. 5040 of 2009 alleged to be nearly 28 years later after the appointment. The Commissioner cum Secretary, Department of Human Resources as far back as 11.3.2006 has issued specific orders to all officials that payment of salary was not to be stopped in such a casual; manner as it was violation of the human rights of the persons concerned. Notwithstanding the same salary of the petitioners has been stopped. The officials have not bothered to consider their representation or the

¶4

direction of the superior officer, the Commissioner cum Secretary. In these circumstances the petitioners have been compelled to approach this Court.

¶5

Learned Counsel for the State submits that the matter may be disposed in terms of CWJC No. 3545 of 2009.

¶6

This Court directs the Principal Secretary, Department of Human Resources, Government of Bihar, to hold enquiry as to the circumstances in which the direction of the Commissioner cum Secretary dated 11.3.2006 are being flouted and the reasons why without a departmental proceeding and orders of

¶7

punishment on fishing enquiry salary has been stopped. Enquiry shall also investigate why the representation of a citizen for payment of his salary without which issues of Articles 21 and 23 of the Constitution arise was not considered by the concerned authorities and the petitioners were required to approach this Court for what was otherwise a routine administr4ative matter.

¶8

Such routine administrative matters are exceeding the insurmountable burden of this Court.

¶9

The Secretary is directed to enquire that if there are no orders of punishment for withholding salary of the petitioners in accordance with law and if days of discharge of duties are not in dispute, the salary shall be released to them forthwith upon presentation of a copy of this order

¶10

The writ applications stand allowed.

¶11

Snkumar/-

¶12

(Navin Sinha,J.)

Malti Kumari v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Malti Kumari v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vijay Kumar Prasad Vs the State of Bihar and Ors.

Prabhunath Singh Vs the State of Bihar and Ors.

Upendra Tiwari Vs the Bihar State Electricity Bo

Bishnu Mahtha @ Bishundeo Maht Vs the State of Bihar and Ors.

Alok Kumar Singh Vs the Union of India and Ors.

Poonam Kumari Vs Indira Gandhi Institute of Med