Patna High Court
Shiva Kant Singh vs The State Of Bihar And Ors on 23 January, 2024
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12698 of 2012
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Shiva Kant Singh Son Of Late Sitaram Singh Presently Working As Constable
179 Munger District Police At Police Line Munger, District Munger Resident
Of Village Murlichandwa, Post Murlichandwa, Police Station Udakishunganj,
District Madhepura
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary-Cum-Home Commissioner, Department Of Home,
Govt. Of Bihar, Patna
3. The Director General Of Police, Bihar, Patna
4. The Inspector General Of Police, Patna Region, Patna
5. The Deputy Inspector General Of Police, Patna Central Region, Patna
6. The Deputy Inspector General Of Police, Magadh Region, Gaya
7. The Senior Superintendent Of Police, Patna
8. Searjant Major 1st, Patna Police, Patna
9. The Accountant, Police Office, Patna
10. The Incharge Security Section, New Police Line, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Sanjay Kumar Singh, Advocate
For the Respondent/s : Mr.Md. N. Hoda Khan, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 23-01-2024
Heard learned counsel appearing for the petitioner and
learned counsel appearing for the State.
2. The present writ application has been filed for
quashing the order dated 12.06.2009 passed by the respondent
No.7 whereby the working period of the petitioner from
27.10.2008
to 24.03.2009 (total 151 days) has been declared as
extra-ordinary leave and therefore his salary has been seized.
Patna High Court CWJC No.12698 of 2012 dt.23-01-2024
3. Learned counsel for the petitioner submits that the
petitioner was working as Constable (Constable No.3259) in Patna
District Police and he has deputed as a Bodyguard of Sri Ram
Babu, owner of the Pal Hotal, Budh Marg, Patna vide order
No.688652 dated 18.04.2008. Learned counsel for the petitioner
further submits that the respondent No.7 has issued a Memo No.
4364 dated 24.03.2009 by which the petitioner was directed to
join the Police Line, Patna and therefore the petitioner has joined
in Police Line, Patna on 25.03.2009 and thereafter he was deputed
with Deputy Superintendent of Police (Traffic), Patna. Learned
counsel for the petitioner submits that when the petitioner was
joined in the Police Line on 25.03.2009 then he came to know that
prior to the Memo No. 4364 dated 24.03.2009, a Memo No.6763
dated 28.08.2008 was also issued for joining of all the constables
of Patna Police Line, Patna District who were above 40 years of
age and working as bodyguards of different personalities. The
petitioner was also above 40 years of age but since he did not get
any letter/direction from the competent authority and therefore he
could not join at Police Line as per direction of respondent No.7.
Learned counsel for the petitioner submits that number of
constables could not join at Police Line in compliance of order of
respondent No.7 but their salary were issued under the signature of
Patna High Court CWJC No.12698 of 2012 dt.23-01-2024
respondent No.7 (Annexure-3). Learned counsel for the petitioner
submits that the petitioner was continuously on duty as Bodyguard
of Sri Ram Babu and when he received the direction dated
24.03.2009 issued by the respondent No.7 he instantly joined at
Patna Police Line on 25.03.2009 and other similarly situated
constables have been allowed salary for the period in question so
petitioner is also entitled for the same.
4. Learned counsel for the petitioner submits that from a
bare perusal of the order dated 28.08.2008 that letter was never
served upon the petitioner and he has no knowledge about the
order dated 28.08.2008 and when he came to know he received the
order on 24.03.2009, immediately he joined the duty on
25.03.2009 and till 24.03.2009 he was on duty with Sri. Ram Babu
under which the petitioner was on duty as a Bodyguard.
5. Learned counsel for the State submits that in
compliance of order dated 28.08.2008 the petitioner was supposed
to join the police line immediately after order dated 28.08.2008 but
he did not join the Police Line and he was joined the Police Line
on 25.03.2009 so respondent No.7 has rightly stopping the salary
of the petitioner for the period 27.10.2008 to 24.03.2009 which
was granted as extra ordinary leave but fairly submits the if the
Patna High Court CWJC No.12698 of 2012 dt.23-01-2024
other similarly situated persons have been paid their salary then
petitioner was also entitled for the same.
6. In view of the aforesaid, order dated 12.06.2009 is set
aside and respondent No.7 is directed to release the salary of the
petitioner from 27.10.2008 to 24.03.2009 within a period of six
weeks from the date of receipt/production of a copy of this order.
7. Accordingly, this writ application is allowed.
(Rajesh Kumar Verma, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.01.2024
Transmission Date NA
