Raj Bali Singh v. The State Of Bihar Through The Director General (D.G.P)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16312 of 2023 ====================================================== Raj Bali Singh, Son of Late Shyam Lal Singh, Resident of Village- Rampur Chauram, P.S.- Rampur Chauram, District- Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General (D.G.P) Bihar, Patna. 2.

The D.I.G. Saran Pramandal Saran at Chapra 3.

The S.P., District- Siwan 4.

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Respondent/s :

Md. Nadim Seraj, GP- 5 For the AG, Bihar :

Mrs. Ritika Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 06-07-2026 Learned Advocate for the respective parties are present.

2. This is the second round of litigation, as earlier the petitioner had come before this Court in CWJC No. 4179 of 2015 seeking a direction for payment of entire retiral dues with statutory interest, including gratuity, group insurance, leave encashment and Provident Fund of the petitioner, besides the arrears of pension with effect from the date of retirement.

3. The learned Court having considered the fact that the petitioner has been convicted immediately after his superannuation and sentenced to 7 years imprisonment directed

Patna High Court CWJC No.16312 of 2023 dt.06-07-2026 2/3 the Director General of Police, Government of Bihar to ensure that a conscious decision is taken with regard to payment of pension and gratuity to the petitioner. Notwithstanding the aforesaid direction, when no conscious decision has been taken, the petitioner again approached this Court by filing the present writ petition for identical relief.

4. Learned Advocate for the State made a preliminary objection that the second writ petition for the same cause of action is not at all maintainable in view of the public policy as well as the law laid down by the Full Bench of this Court in the case of Mahanth Ram Kinkar Das Vs. The State of Bihar & Ors. : 2017 (1) PLJR 909.

5. A counter affidavit has also been filed and it is submitted that in compliance of the order of this Court passed in C.W.J.C. No. 4179 of 2015, the admissible amount has been paid to the petitioner. It is further contended that the Superintendent of Police, Siwan vide its letter no. 3482 dated 18.11.2023 also requested to the Deputy Inspector General of Police Saran Range, Chapra for making request/correspondence from the Director General of Police, Bihar, Patna for taking decision with regard to payment of Pension and Gratuity.

6. Considering the submissions advanced by the

Patna High Court CWJC No.16312 of 2023 dt.06-07-2026 3/3 learned Advocate for the respective parties and taking note of the fact that till date no conscious decision has been taken at the level of Director General of Police, Bihar, Patna in terms with the order of this Court passed in C.W.J.C. No. 4179 of 2015, this Court deems it appropriate to direct the respondent Director General of Police, Bihar, Patna to consider the claim of the petitioner and take a conscious decision with regard to payment of pension and gratuity to the petitioner in view of the materials available on record and pass a reasoned order preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

7. With the aforesaid direction, the writ petition stands disposed of.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.07.2026 Transmission Date NA