Sanjay Kumar Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14901 of 2024 ====================================================== Sanjay Kumar Suman Son of Late Rajendra Sharma, Resident of Ghurdaur Chauk, Rajeev Nagar, Phulwari, District- Patna, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Home Secretary (Police), Bihar, Patna. 2.
The Special Secretary, Home Department (Special Branch), Bihar, Patna. 3.
The Director General of Police, Bihar, Patna. 4.
The Addl. Director General of Police, Special Branch, Patna. 5.
The Superintendent of Police (A), Special Branch, Bihar, Patna. 6.
The Secretary, Bihar Human Rights Commission, 9 Bailey Road, Patna, Bihar.
7.
The Deputy Secretary, Bihar Human Rights Commission, 9 Bailey Road, Patna, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Advocate For the Respondent/s :
Mr.Raghwendra Kumar, SC 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-09-2024 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Raghwendra Kumar, learned SC 22 for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:- (i) For modification in Special Branch Order No.954/2023 dated 08.09.2023 contained in Letter no.3678 issued by the Superintendent of Police (A) Special Branch, Bihar, Patna because it was not issued according to the earlier order dated 04.11.2019 contained in Memo No.3867 passed and issued by the same authority.
Patna High Court CWJC No.14901 of 2024(2) dt.30-09-2024 2/3 (ii) For holding that the salary of 13th month of petitioner for year 2016-17 to 2018-19 should be given as per the letter dated 4.11.2019 contained in Memo No.3867 and further be communicated to the Secretary, Bihar Human Rights Commission, Patna.
(iii) For issuance of any other relief/reliefs for which petitioner may be found entitled in the facts and circumstances of the present case and accordingly would be relief which has not been expressly sought for."
3. Learned counsel appearing on behalf of the petitioner submitted that in spite of the fact that the Superintendent of Police (A), Special Branch, Bihar haw already communicated the correct pay scale of the petitioner, after revising the same considering the basic salary of the petitioner as on 01.03.2014, to the Treasury Officer, Sachivayal Branch, Patna and the Incharge, Service Book Branch vide memo No.3867 dated 04.11.2019 and in spite of the said recorded evidence and the order of sanction by the competent authority, the petitioner is being denied his due salary in accordance with law.
4. Learned counsel further submitted that the petitioner has already filed a representation before the Superintendent of Police (A), Special Branch, Bihar that in spite of his specific order contained in Memo No.3867 dated 04.11.2019, no action has been taken till date either on the part
Patna High Court CWJC No.14901 of 2024(2) dt.30-09-2024 3/3 of the Service Book Section or by the Treasury Officer, Sachivalay Branch, Patna.
5. Considering the aforesaid grievance of the petitioner and the evidence, as well as, the order as contained in Memo No.3867 dated 04.11.2019 (Annexure 6), the Superintendent of Police (A), Special Branch, Bihar is directed to verify as to why his order has not been acted upon forthwith without any delay and further he is directed to redress the grievance of the petitioner expeditiously
6. The present writ petition is accordingly disposed of. (Purnendu Singh, J) chn/- U