IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 4207 of 2022 ======================================================

Md Abul Kalam Son of Late Md. Samsuddin, Resident of Saharsa Basti, P.O.

and P.S. - Saharsa, Dist. - Saharsa.

... ... Petitioner/s Versus

1. The Bihar State Power (Holding) Company Ltd. through its Deputy General Manager (HR/Adm), Vidyut Bhawan, Bailey Road, Patna.

2. The Chairman - Cum - Managing Director, Bihar State Power (Holding)

Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

3. The North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

4. The Managing Director, North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

5. The General Manager (HR/Adm), Bihar State Power (Holding) Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

6. The General Manager (HR/Adm), South Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

7. The Deputy General Manager (Revenue), North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

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

Appearance :

For the Petitioner/s : Mr Dhanendra Chaubey, Advocate For the Respondent/s : M/s Sanjeev Kr, Ravi Kr Pandey, Advocates ======================================================

CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 16-02-2026 Heard learned counsel for the parties.

2 The present writ petition has been filed for the following reliefs:

“A For issuance of appropriate writ in the nature of certiorari or any other appropriate writ, order (s), direction (s) for quashing that part of order No 711 dated 20.05.2016 (Anneure 7) whereby and where under respondent No 2 the Chairman -cum- Managing Director and the Appellate Authority quashing the order of dismissal of the petitioner from the service of the Company issued by the Disciplinary Authority vide Order No 151 dated 31.01.2014 (Annexure 5) and reinstating the petitioner in service with immediate effect has awarded the following punishment to the petitioner:-

i Withholding of one increment with non-cumulative effect;

ii For the period of suspension, only subsistence allowance will be payable but the period will be counted for post retirement benefits;

iii The period of dismissal from service from 31.01.2014 till the date of issue of order during which Md Kalam remained out of service will be regularized on the basis of principle of “No Work, No Pay”.

B For quashing letter No 876 dated

26.04.2019 (Annexure 12) whereby and where under review petition of the petitioner has been rejected as communicated by Dy General Manager (Personnel) of the respondent Company.

C For issuance of appropriate order/direction to respondents to treat the period of suspension for the period from 23.08.2010 to 30.01.2014 on duty for all purposes as before withholding salary for the suspension period, no separate show cause notice was issued to petitioner.

D For issuance of appropriate order/direction to the respondents to treat the period from 31.01.2014 to 09.05.2016 on duty as the petitioner though willing to work was restrained from discharging his official duties because of issuance of dismissal order dated

31.01.2014.

E For issuance of appropriate order/direction to the respondents to refund the amount of subsistence allowance for the period from 31.01.2014 to 20.10.2015 recovered from the salary of petitioner drawn because of non-

communication of dismissal order.

F For allowing any other relief (s) to which the petitioner is found entitled to.”

3 The brief facts giving rise to the present writ petition is that the petitioner was appointed as Store Assistant vide Memo No 267 dated 23.06.2006 and accordingly, he gave his joining on 26.06.2007. Subsequently, he was promoted to the post of Assistant Store Keeper vide Memo No 1931 dated 16.10.2018 and while he was posted as Store Assistant in the central stores, Saharsa, he was placed under suspension with immediate effect vide Memo