Shiva Narayan Jha vs The State Of Bihar
2023 Latest Caselaw 3324 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.23611 of 2019
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Shiva Narayan Jha, son of Late Sundar Shyam Jha alias Shyam Sundar Jha, resident of Village- Sukhsena, P.S.- Barhara Kothi, District- Purnea, presently residing in Mohalla- New Sipahitola in Purnea town, P.s.- Khajanchi Hat, District- Purnea.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Patna.

2. The Collector and District Magistrate, Kishanganj, District- Kishanganj.

3. The Sub. Divisional Officer, Kishanganj Sub. Division, District- Kishanganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Gyanand Roy, Advocate For the Respondent/s : Mr.Saroj Kumar Sharma, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 27-07-2023

Heard Mr. Gyanand Roy, learned counsel appearing on

behalf of the petitioner and Mr. Saroj Kumar Sharma, learned AC

to AAG 3 for the State.

2. Learned counsel appearing on behalf of the petitioner

submits that the alleged allegation of misappropriation of fund is

of the year, 2006 and the petitioner has not been granted financial

benefit relating to the period early to it. The petitioner was given

financial up-gradation and he is entitled to pay scale of the post of

Upper Division Clerk on which he was posted in view of Memo

No.3916 dated 30.09.1993 and accordingly, the pay scale

applicable to the post is of Rs.1400-2300.

Patna High Court CWJC No.23611 of 2019 dt.27-07-2023

3. The petitioner had filed his representation before the

Collector, Kishanganj and the Collector, Kishanganj during the

pendency of the present writ petition has passed an order contained

in Memo No.187 dated 02.03.2023 disposing of the representation

of the petitioner, rejecting the claim of the petitioner.

4. The Collector, Kishanganj must ensure to grant

financial benefit as claimed by the petitioner on account of time

bound promotion for the period during which no disciplinary

proceeding was pending against the petitioner. Law in this regard

is well settled in case of Amresh Kumar Singh & Ors. Vrs. The

State of Bihar & Ors. reported in 2023 SCC Online SC 496.

5. The facts pleaded show that the disciplinary

proceeding was initiated against the petitioner and an order

imposing penalty was passed against him. The petitioner had

preferred appeal against the order passed by the Disciplinary

Authority. The appeal was allowed and the matter was remitted

back to the Collector, Kishanganj. It has been submitted that the

Collector, Kishanganj is sitting tight over the matter.

6. The petitioner is facing disciplinary action and the

charges are of misappropriation of fund while he was posted as

Nazir, Thakurganj in the year, 2006. The disciplinary proceeding

was initiated in the year, 2006. The District Magistrate, Kishanganj Patna High Court CWJC No.23611 of 2019 dt.27-07-2023

is directed to pass final order in the disciplinary proceeding in

accordance with law preferably within eight weeks and make

payment of the retiral dues considering the pay-scale applicable in

accordance with law by giving financial upgradation on account of

his stagnation on the post.

7. With above observation/direction, the present writ

petition is disposed of.

(Purnendu Singh, J) chn/-

AFR/NAFR
CAV DATE
Uploading Date          31.07.2023
Transmission Date