Indra Kant Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15028 of 2023 ====================================================== Indra Kant Mishra Son of- Suraj Naryan Mishra, Resident of VillageLakshmipur, Panda, P.S.-Khajauli,, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

2.

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

The Inspector General of Police, Darbhanga, Bihar. 4.

The Inspector General of Police, Saran at Chapra, Bihar. 5.

The Deputy Inspector General of Police, Darbhanga, Bihar. 6.

The Deputy Inspector General of Police, Saran at Chapra, Bihar. 7.

The Superintendant of Police, Madhubani, Bihar. 8.

The Superintendant of Police, Gopalganj, Bihar. 9.

The Officer-in-Charge-cum-SHO, Vijaypur Police Station, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi, Adv.

For the Respondent/s :

Mr.Md. Nadim Seraj (GP-5) ====================================================== 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):- "A. For direction upon the respondent authorities for grant of salary to the petitioner which is pending with them since May 2022.

B. For direction upon the respondent authorities particularly Respondent no. 7 & 8 to release the salary of the petitioner with due interest because the petitioner is working without salary and there is no proceeding pending against the petitioner till date."

Patna High Court CWJC No.15028 of 2023(4) dt.15-01-2024 2/2

2. Though, it is the stand of the petitioner that while he was transferred from Gopalganj to Madhubani, in the month of May, 2022, he had handed over charge, nonetheless, he is not being paid salary since then.

3. Per contra, the learned counsel for the respondentState has submitted that since the petitioner had not handed over the charge while leaving Gopalganj and submitting his joining at Madhubani, the last pay certificate could not be issued, hence the salary has not been paid to the petitioner.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Superintendent of Police, Gopalganj, Bihar, to ensure that the exercise of handing/taking over of charge is completed within a period of one week from today, the L.P.C. is issued forthwith, in accordance with law and the admitted outstanding amount of salary of the petitioner is paid by the concerned respondentauthorities within a period of two weeks from today.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U