Ram Narayan Mehata Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ram Narayan Mehata Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the Additional Chief Secretary, Education Department, Government of Bihar, to take a final decision in respect of the petitioner expeditiously in accordance with law, ensure conclusion of the departmental proceeding initiated in 2023, and ensure payment of amounts already sanctioned under different heads forthwith.

Issue for consideration

Whether the order dated 17.03.2023 initiating departmental proceeding under Rule 43(B) of Bihar Pension Rules for charges alleged to be not decidable in departmental proceeding should be quashed. +2 more

Ratio / Principle

The Additional Chief Secretary, Education Department, Government of Bihar, is directed to look into why the departmental proceeding initiated in 2023, in which the petitioner has been regularly participating, has still not been concluded, such non-conclusion having caused the petitioner financial as well as mental suffering.

Key takeaways

The Additional Chief Secretary must take a final decision in respect of the petitioner expeditiously in accordance with law and shall also ensure that the amount already sanctioned under the different heads is paid to the petitioner forthwith.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.) disposed of a writ petition by a retired-facing employee challenging an order dated 17.03.2023 initiating departmental proceeding under Rule 43(B) of Bihar Pension Rules and seeking withheld pensionary benefits. Noting that the departmental proceeding initiated in 2023 remained unconcluded beyond the statutory period under the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 despite the petitioner's regular participation, causing financial and mental hardship, the Court directed the Additional Chief Secretary, Education Department, to take a final decision expeditiously in accordance with law and to ensure that amounts already sanctioned under different heads were paid to the petitioner forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5968 of 2023

======================================================

Ram Narayan Mehata Son of Late Surya Narayan Mehata, resident of Mohalla - Mahara Jee, Hata Janta Chauk, P.S. - Girija Chauk, District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar through Additional Chief Secretary, Education Department, New Secretariat, Patna.

Director, Primary Education, Education Department, New Secretariat, Patna.

District Education Officer, Purnea.

District Programme (Establishment) Officer, Education Department, Purnea, District - Purnea.

District Provident Fund Officer, Purnea, District - Purnea.

Accountant General, Bihar, Veer Chand Patel Path, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Pratap Sharma, Advocate. For the Respondent/s : Mr.Subhash Chandra Mishra (Sc16) For AG : Mrs. Ritika Rani, Advocate. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

8 23-07-2026 Heard learned counsel for the parties.

The petitioner in paragraph no. 1 of the present writ

petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

“That this writ petition is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions for quashing the order dated 17.03.2023 whereby and whereunder departmental proceeding under-43(B) of Bihar Pension Rules has been initiated for those charges which cannot decided in departmental proceeding and further prayer of petitioner is for payment of pensionary benefit which has been withheld without any proof of charges and for other necessary relief/reliefs on the basis of facts and circumstances of the case.”

Learned counsel appearing on behalf of the

Patna High Court CWJC No.5968 of 2023(8) dt.23-07-2026 2/2

petitioner informs this Court that the petitioner is facing hardship, as a result of pending departmental proceeding against him since 2023 and it has not been concluded within the statutory period as prescribed under Bihar Government Servants (Classification, Control and Appeal) Rules, 2005.

The Additional Chief Secretary, Education Department, Government of Bihar, is directed to see that the departmental proceeding, which according to the petitioner was initiated in the year 2023 and in which the petitioner has been regularly participating, as to why, still the same has not been concluded which has resulted into suffering of the petitioner, both financial as well as mental.

The Additional Chief Secretary must be generous enough to take a final decision in respect of the petitioner expeditiously in accordance with law. He shall also ensure that the amount already sanctioned under the different heads is paid to the petitioner forthwith.

The writ petition, accordingly, stands disposed of.

mantreshwar/-

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