IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6250 of 2017 ======================================================

Rajeev Kumar S/o late Radha Krishna Vajpayee, Resident of Village-

Akabarpur, P.S. Paliganj, District- Jahanabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Commissioner cum Secretary Revenue and Land Reform Department, Govt. of Bihar, Patna.

2. The Deputy Commissioner, Revenue and Land Reform Department, Danapur, Patna.

3. The Commissioner, Patna Division, Patna.

4. The Collector cum District Magistrate, District- Patna.

5. The Circle Officer, Maner, District- Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Bijay Shankar Choubey, Advocate For the Respondent/s : Mr. Sajid Salim Khan, SC-25 ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

Date : 12-02-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner filed the instant application for the following reliefs :-

“(i) The issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of writ of certiorari for setting aside the impugned order dated 24.09.2015 passed by the Commissioner, Patna Division, Patna passed in service appeal no 130/2013 (Annexure-13) whereby and whereunder learned commissioner has pleased to reject the appeal of the petitioner and upheld the order of the District Magistrate, Patna dated 04.04.2009.

(ii) For issuance of writ of certiorari setting aside the order 04.04.2009 passed by the District Magistrate, Patna (Annexure-10) whereby and whereunder the petitioner was denied to pay his salary from 29.8.1984 to 20.12.1985 (suspension period) and the payment of 15.03.2002 to 29.03.2005 (the dismissal period)

(iii) And for the other necessary relief/reliefs the facts and to the basis of circumstances of the case as enumerated and stated hereinafter”

3. The original petitioner (hereinafter referred to as ‘the petitioner’) having died on 21.8.2023 during pendency of the instant application was substituted by his legal heir. 4. The case of the petitioner in brief is that while posted and working as Rajaswa Karmchari (Revenue Clerk), the petitioner was proceeded against in a departmental proceeding by serving him a memo of charge. He was suspended by order dated 29.8.1984, which was later vacated on 20.12.1985. The departmental proceedings ended in an order of dismissal being passed against the petitioner on 15.3.2002, which on being challenged in this Court was set aside by order dated 28.2.2005 passed in CWJC no.14092 of 2003. While setting aside the orders impugned, this Court remitted the matter back to the authorities to proceed in accordance with law if they so liked.

5. The respondents thereafter proceeded against the petitioner and have passed the order impugned dated 4.4.2009 under the signature of the Collector, Patna whereby while granting benefit of doubt to the petitioner, it has been ordered that for the period suspension i.e. from 29.8.1984 to 20.12.1985, no other amount would be payable to the petitioner except for subsistence allowance. It has further been ordered that on the principle of ‘No Work No Pay’, the petitioner would not be entitled for any salary for the period of dismissal i.e. from

15.3.2002 to 29.3.2005.

6. The petitioner challenged the order dated 4.4.2009 in appeal which was dismissed by order dated 24.9.2015 passed in Service Appeal no.130 of 2013 by the Commissioner, Patna Division, Patna.

7. The order dated 4.4.2009 passed by the Collector, Patna and the order dated 24.9.2015 rejecting the appeal by the Commissioner, Patna Division, Patna are impugned in the instant writ application.

8. It is submitted by learned counsel for the petitioner that no good grounds have been given in the orders impugned for not paying the arrears of difference of salary for the period that the petition