Praduman Singh v. The State Of Biahr Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11064 of 2021 ====================================================== Praduman Singh S/o Ram Khelari Singh, R/o Mohalla Hathsarganj Ward No.- 2, Hajipur, P.S. Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Patna, Govt. of Bihar, Patna.

2.

The Director General of Police, Patna, Bihar. 3.

The Superintendent of Police, Rail Muzaffarpur, Bihar. 4.

The Superintendent of Police, Vaishali, Bihar. 5.

The Deputy, Superintendent of Police, Rail Muzaffarpur, Bihar. 6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Ms. Priya, Advocate Mr. Surendra Kumar Singh, Advocate For the State :

Mr. Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-11-2025

1. The petitioner has filed the instant application for the following reliefs :- "(i) To issue an appropriate writ, order or direction for quashing the letter as contained in Rail District Order No.1691 dated 04.08.2003 (Annexure-1) issued by the Rail S.P. Muzaffarpur whereby without following the process laid down under the Bihar Police Manual Rules the Respondent Authority has withheld the increment of the Petitioner for six months which was equivalent to one Black Mark. (ii) To issue an appropriate writ, order or direction directing the Respondents to

Patna High Court CWJC No.11064 of 2021(2) dt.18-11-2025 2/3 consider the claim of the Petitioner pertaining to the fixation of Pension on the Petitioner's last drawn basic pay which is equivalent to an amount of Rs.53,600/- as evident from the letter contained in Vaishali District Order No.41/18 dated 12.01.2018 and declare subsequent Vaishali District Order dated 16.01.2018 fixing the Petitioner's last drawn pay at Rs,52000/- as illegal, unjust and inoperative as the same has been issued without any application of mind and under ill advise just merely in order to harass the Petitioner for no valid reasons.

(iii) To issue further appropriate writ/order or directions commanding the Respondents to not create any hindrance in the Petitioner's claim of fixation of Pension on the correct last drawn basic pay amount of Rs.- 53,600/- and consider the Petitioner's Representation in the matter in accordance with the Rules of the Bihar Police Manual.

(iv) To issue an appropriate writ, order or direction commanding the Respondent Authority to compensate the Petitioner for undue delay and harm caused to the Petitioner by awarding disciplinary action to the Petitioner without following the proper process of inquiry in the matter as per the guidelines laid down within the framework of the Bihar Police Manual Rules.

(v) This Hon'ble Court may further adjudicate and hold that the action of the Respondent No.3 issuing the directions to

Patna High Court CWJC No.11064 of 2021(2) dt.18-11-2025 3/3 withhold the increment of the Petitioner which is equivalent to one black mark treating it as major penalty erroneously inflicted on the Petitioner which is impermissible for the minor charges. (vi) This Hon'ble Court may adjudicate and hold that if the Respondents treat the mistakes as major mistakes than there should have been proper proceeding as per law and if the punishments are minor the punishment should not come in the way of promotion/grant of upper scale to the petitioner.

(vii) To award the cost of litigation and suitable compensation to the Petitioner for the loss and damages caused to the Petitioner due to the wrong committed by the Respondent Rail S.P. Muzaffarpur as well as S.P., Vaishali with the petitioner.

(viii) To grant/award any other relief or reliefs for which the Petitioner may be found entitle to in the facts and circumstances of the case."

2. Learned counsel for the petitioner seeks permission to withdraw this application.

3. The application is dismissed as withdrawn. (Partha Sarthy, J) avinash/- U