IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.199 of 2025 In Civil Writ Jurisdiction Case No.11409 of 2013 ======================================================

1. The State of Bihar.

2. The Principal Secretary, Road Construction Department, Bihar, Patna.

3. The Additional Secretary, Road Construction Department, Bihar, Patna.

4. The Special Secretary, Road Construction Department, Bihar, Patna.

... ... Appellant/s Versus Ramyati Singh S/o Shri Brahmdeo Singh, R/o Mohalla-Rajbanshinagar, Road No. 2 Extension, Police Station-Shastrinagar, District-Patna.

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

Appearance :

For the Appellant/s : Mr. P. K. Shahi, AG Mr. Gyan Prakash Ojha, GA-7 Mr. Abhishek Singh, AC to GA-7 For the Respondent/s : Mr. Bindhyachal Singh, Sr. Adv.

Mr. Suresh Kumar, Adv. Mr. Arbind Kumar, Adv.

Mr. Akash Singh, Adv.

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 17-02-2026 This Letters Patent Appeal has been filed by the State challenging the order dated 29-7-2024 of the learned Single Judge passed in C.W.J.C. No. 11409 of 2013. The writ-petitioner filed the writ petition with the following prayers:-

“(I) For issuance of an appropriate writ to quash the order issued under the signature of the Special Secretary, Road Construction Department, Bihar, Patna whereby and whereunder he has rejected the review application preferred by the petitioner vide memo no.8069 dated 20.07.2012.

(ii) For issuance of an appropriate direction to quash notification bearing memo no.14768(S) dated 21.10.2010 whereby and whereunder the Additional Secretary, Road Construction Department, Bihar, Patna while concluding the departmental proceeding under Rule 43(b) of Bihar Pension Rules deducted five percent amount of pension permanently from the petitioner and consequently order issued under the signature of the Deputy Secretary whereby and whereunder in the light of the aforesaid departmental notification five percent amount of pension be deducted from the date of starting pension from the petitioner vide memo no.15821(s) dated 24.11.2010.

(iii) For issuance of an appropriate direction to restore full pension to the petitioner.

(iv) For passing such other order or orders for which the petitioner is entitled under the law and in the facts and circumstances of the case.”

2. It is the case of the writ-petitioner that he was superannuated from the post of Executive Engineer, Road Construction Department, Road Division, on 31.12.2007. While he was posted as the Executive Engineer, R.E.O., Works Division, Patna, a tender was invited for repair works of Lodipur–Sadispur road in 2^nd Kms. from 700 ft. to 1400 ft. for the period 1998-1999. For execution of the repair work an agreement was executed with the contractor and the estimated amount of the work as per the agreement was fixed to the tune of Rs.1,05,363/-. The date of completion of work was prescribed as 31.03.1999. Subsequently, the Special Officer-cum-Deputy Secretary, Road Construction Department, Bihar, Patna, issued resolution that a departmental proceeding against the petitioner will be initiated under Rule 17 of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 (hereinafter referred to as “the 2005 Rules”) for alleged irregularities committed during his posting under the R.E.O. Works Division, Patna, vide Memo dated 12.04.2007. The memo of charge was served upon the petitioner and there were three charges formulated, which read as follows:-

“(i) the agreement for the aforesaid repair work was executed without administrative approval/allotment of fund from the c ompetent authority rather approval from Works the Superintending Engineer, Circle, Patna was obtained and agreement was executed for the said work on 19.03.1999 of Rs.1,05,363/-

(ii) tender notice was not published in the.

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