Md. Jasim Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5505 of 2026 ====================================================== Md. Jasim Khan Son of Late Md. Yasim Khan Resident of Ward No.- 4, Jagdishpur, Police Station - Jagdishpur, District - Bhojpur, (Arrah). ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum- District Service Complaint Redressal Appellate Authority, Bhojpur at Arrah.

3.

The Sub- Divisional Officer, Sadar Arrah, District- Bhojpur, Arrah. 4.

The Deputy Collector (Establishment), Bhojpur, Arrah. 5.

The Deputy Collector (Nazarat), Bhojpur, Arrah. 6.

The Block Development Officer, Jagdishpur, District- Bhojpur, Arrah. 7.

The Circle Officer, Tarani, District- Bhojpur, (Arrah). 8.

The Accountant General, Bihar, Veerchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Respondent/s :

Mr. Sitaram Yadav, GP-16 Mr. Yatindra Naraya, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-04-2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed seeking issuance of a writ of mandamus directing the respondent authorities to pay the full salary of the petitioner for the working period from September, 2022 till date, and also to release the remaining 50% of the

2/4 withheld salary. It is further submitted that the petitioner is willing to furnish an undertaking that, in the event any liability is ultimately determined against him, he shall refund the amount so paid.

3. Learned counsel for the petitioner further submits that payment of the petitioner's salary has been stopped, despite the fact that a three-member committee has already made a recommendation vide Annexure P/6, i.e., Letter No. 554 dated 04.08.2025, stating that the matter is serious and that the tenure of the petitioner should be examined through a special audit by the Accountant General, Bihar, Patna, so that an appropriate decision may be taken.

4. Learned counsel for the State, on the other hand, submits that vide Annexure P/7, being Letter No. 78 dated 14.11.2026, a request has already been made by the District Magistrate, Bhojpur, Ara to the Accountant General, Bihar, Patna for conducting the audit. However, in the meantime, the petitioner has filed the present writ petition.

5. In view of the facts and circumstances of the case, this Court refrains from passing any order on merits, particularly in view of the fact that the petitioner has not impleaded the Accountant General, Bihar, Patna as a party respondent in the

3/4 present writ petition. This Court is also not inclined to keep the matter pending.

6. Accordingly, this Court directs the Accountant General, Bihar, Patna to act upon Annexure P/7, i.e., Letter No. 78 dated 14.11.2026, and to ensure that the audit is completed at the earliest. It is made clear that the expenses of the audit team shall be adjusted from the salary of the petitioner.

7. This Court is well aware of the fact that the Accountant General, Bihar, Patna has not been impleaded as a party respondent, and in the absence of such impleadment, the aforesaid order could not be complied with within the stipulated time.

8. Accordingly, it is directed that the Accountant General, Bihar, Patna be impleaded as respondent no. 8 in the present case.

9. The Registry is directed to carry out necessary correction in the cause title of the final order by inserting respondent no. 8 as: "Accountant General, Bihar, Veerchand Patel Path, Patna".

10. With the aforesaid observation and direction, the present writ petition stands disposed off.

11. Registry is directed to transmit a copy of this order

4/4 to the Accountant General, Bihar, Veerchand Patel Path, Patna through e-mail, fax or any other mode of communication forthwith.

(Dr. Anshuman, J) Ashwini/- U