Mahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5142 of 2025 ====================================================== Mahesh Kumar S/o Mahendra Singh, R/o Village- Ram Nagar Colony, Behind Bijli Office, Dhanbad, P.S.- Dhanbad, Dist.- Dhanbad (Jharkhand), Pin- 826001.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Home, Govt. of Bihar, Patna. 3.

The Director General of Police, Bihar, sardar Patel Bhawan, Baily Road, Patna.

4.

The Dy. Inspector General of Police (DIG), Shahabad Range, Dehri on Sone.

5.

The Superintendent of Police, Kaimur at Bhabhua. 6.

The Superintendent of Police, Bhojpur, Ara.

7.

The Superintendent of Police, Rohtas.

8.

The Superintendent of Police, Gaya.

9.

The Accountant General (AG), Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajkumar Rajesh, Advocate For the Respondent/s :

None For the AG :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-04-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the Accountant General, Bihar, Patna. No one appears on behalf of the State in spite of the fact that the case has been allotted to AAG-3.

2. The present writ petition has been filed with the

2/4 following reliefs:- "(i) For that through an appropriate writ in the nature of mandamus directing to the respondent authorities to disburse the salaries of the petitioner during the period of suspension and so on, since 3.4.21 to 10.9.22 for which he is fully entitle in accordance of law regarding this matter.

(ii) For that further direction may be given to disburse the entire retiral dues including the GPF, PF, Group Insurance and arrears of salary and others for which the petitioner is fully entitled in accordance with law.

(iii) For that further direction may be given to take independent inquiry as against the respondent so concerned who maliciously put the petitioner into unnecessary harassment in malafide arbitrary and whimsical manner by which petitioner suffers for his no fault.

(iv) For that the litigation cost and reasonable compensation may be imposed against the

3/4 concerned respondent who put the petitioner into mental agony and irreparable loss by the illegal act of respondents, are affecting the administration of justice and rule of law.

(v) For that other relief/reliefs may be given to the petitioner as your lordship deem fit and proper regarding this matter."

3. Learned Counsel for the petitioner submits that he has filed representation vide Annexure-P/9 but no decision has been taken by the Senior Superintendent of Police, Gaya.

4. Learned Counsel for the Accountant General submits that he wants to file counter affidavit in this matter.

5. In the light of the submissions made by the Counsel for the petitioner, which he has made in the representation, it transpires to this Court that a decision is necessary to be taken at the level of the Senior Superintendent of Police, Gaya, in this matter, as the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005 is categorically clear that what decision he ought to be taken.

6. In that view of the matter, this writ petition is disposed off directing respondent No.8, the Senior

4/4 Superintendent of Police, Gaya, to pass order on the representation of the petitioner (Annexure-P/9) in the light of CCA Rules, 2005 within 90 days from the date of receipt/production of a copy of this order.

(Dr. Anshuman, J) Mkr./- U