Ramashish Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5887 of 2018 ====================================================== Ramashish Mishra Son of Late Ram Bihari Mishra, Resident of Barkha Goan, P.S. Simiri, District-Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

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

The Inspector General of Police, Patna Zone, Patna. 4.

The Deputy Inspector General of Police, Shahabad Zone, Dihari-on-Son 5.

The Superintendent of Police, Buxar, Bihar.

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

For the Petitioner/s :

Mr.Ram Narayan Brahmachari For the Respondent/s :

Mr.Md.Nadeem Seraj -Gp5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-11-2019 The learned counsel for the petitioner submits that the petitioner has not been paid 10% amount of pension, 10% gratuity amount and the amount of leave encashment. Per contra, the learned counsel appearing for the respondents submits that since a departmental proceeding is pending against the petitioner herein, the petitioner is not entitled to the aforesaid amounts at the moment, in view of the judgment of the learned Full Bench, reported in 2018(2) PLJR 933 (Arbind Kumar Singh Vs. The State of Bihar & Ors.). Though, the learned counsel for the petitioner does not dispute the position as existing in law, however, he submits

Patna High Court CWJC No.5887 of 2018(3) dt.04-11-2019 2/2 that the petitioner be granted liberty to take recourse to appropriate remedies available under the law, after conclusion of the departmental proceeding.

In view of the aforesaid, the present writ petition stands disposed of with liberty to the petitioner to agitate his subsisting grievance immediately upon completion of the departmental proceedings.

(Mohit Kumar Shah, J) Tiwary/- U