Mohan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12729 of 2023 ====================================================== Mohan Pandey son of Late Ramnath Pandey, Resident of Village-Banwaripur Mora, P.O. and P.S.-Bena, District-Nalanda (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The Inspector General of Police (Headquarter), Bihar, Patna. 3.

The Inspector General of Police, Magadh Range, Gaya. 4.

The Superintendent of Police, Nawada.

5.

The Superintendent of Police, Nalanda.

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

For the Petitioner/s :

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

Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) In the nature of "mandamus"directing and commanding the respondents authorities to pay the petitioner the benefit of I" ACP taking into account the grade pay of Rs4200 and benefit of 2nd and 3rd MACP in accordance with law and calculate the entire arrears of salary in accordance with law.

(ii) In the nature of "mandamus"

directing and commanding the respondents authorities to pay the

Patna High Court CWJC No.12729 of 2023(2) dt.15-01-2024 2/3 petitioner after the aforesaid calculation of ACP and MACP, the entire arrears of salary,gratuity, leave encashmemnt as the petitioner retired on 31.01.2022.

(iii)In the nature of "certiorari" for setting aside the order dated 05.05.2015 issued under the signature of Superintendent of Police, Nawada whereby and where under a sum of Rs.

11471/- has been directed to be recovered from salary of the petitioner due to excess recovery of tax of one Havildar Umesh Prasad Singh which was not in accordance with law.

(iv)In the nature of "certiorari" also for setting aside the order No. 1110/2015 and 1500/2019 whereby and whereunder salary for two days and 1 day on 27.07.2015 and 16.11.2019 has been deducted for unauthorized absence."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Inspector General of Police (Headquarter), Government of Bihar, Patna for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed, by the petitioner, before the Inspector General

Patna High Court CWJC No.12729 of 2023(2) dt.15-01-2024 3/3 of Police (Headquarter), Government of Bihar, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U