Petitioner filed a writ petition seeking declaration, return of money, regularization of suspension, and monetary benefits. The petitioner ultimately withdrew the petition. The court disposed of the matter accordingly.
Petitioner granted liberty to approach respondent-authorities for redressal of grievances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6941 of 2022
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Baccha Rai Son of Ram Bichar Rai Resident of Village- Balua Mathiya, P.O.Mathiya, P.S.- Darauli, District- Siwan.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate For the State : Mr.Kameshwar Pd. Gupta (Gp10) Mr. Deepanjali Gupta, AC to GP-10
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 23-04-2024
The present writ petition has been filed seeking the following reliefs:-
"(1) (I) For issuance of appropriate writ(s) thereby quashing and setting aside the order bearing memo No.998-II dated 09.12.2017 so far relating to punishment No.2 and 3 whereby and whereunder alleged amount of Rs. 82,500/- (Eighty Two Thousand Five Hundred) only against different Social Welfare
Patna High Court CWJC No.6941 of 2022(2) dt.23-04-2024 2/3
Project amount received but allegedly not spent has been ordered to be recovered from his salary whereas fact is that petitioner has already deposited the said amount in Treasury, Allahabad Bank A/C No. 50045611256 on dated 26.11.2014 itself and further major punishment of withholding of two increments of pay with cumulative effect under Rule-14 (vi) of Bihar Government Servant (Classification, Control & Appeal) Rules 2005 has been imposed in a most arbitrary and discriminatory manner.
(ii) For issuance of appropriate writ thereby commanding upon the respondents to refund back the amount which they have recovered illegally from the petitioner's salary despite the fact that he had already deposited the entire alleged amount of Rs.3,07,500/-with the respondent.
(iii) For further issuance of appropriate writ(s) thereby commanding upon the respondents to regularize petitioner's suspension period for the purposes of his service benefits including payment of full salary for the long suspension period.
(iv) For further grant of all the consequential monetary benefits arising thereto with interest and cost."
Patna High Court CWJC No.6941 of 2022(2) dt.23-04-2024 3/3
pressed.
(Mohit Kumar Shah, J)
kanchan/-
U
Baccha Rai
The State of Bihar
The Principal Secretary, Panchayat Raj Department, Bihar
The Director, Panchayat Raj Department, Government of Bihar
The Deputy Development Commissioner, Siwan
The District Magistrate, Siwan
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
