Birendra Kumar Binay v. The State of Bihar
Service law – pay fixation – withdrawal of benefits and recovery
Case brief
What is this about?
Patna High Court, CWJC No.9295 of 2022, decided 07-05-2026 by Ritesh Kumar, J. (NAFR). Keywords: quashing of recovery order; withdrawal of pay benefits; Pay Band-3 grade pay 6600; entry pay Level 11 / Level 11 C-4; order no. 2069 dated 23.08.2018; Memo No. 1856 dated 19.05.2022; Memo No. 1727 dated 03.05.2023; SC & ST Welfare Department, Government of Bihar; Director; violation of principles of natural justice; no show-cause notice or opportunity of hearing; certiorari; mandamus; remand for fresh pay fixation; reasoned and speaking order within four months; interim bar on recovery; writ disposed.
What did the court decide?
Writ petition disposed of: Memo No. 1856 dated 19.05.2022 and Memo No. 1727 dated 03.05.2023 quashed and set aside as violative of natural justice; matter remitted to the respondent authorities for a fresh decision on pay fixation after show-cause notices to all petitioners and personal hearing, by a reasoned and speaking order within four months; no recovery to be effected from the petitioners till the fresh decision; pending application(s) stand disposed of.