Patna High Court
Rajiv Kumar Singh @ Rajeev Kumar Singh vs The State Of Bihar on 28 July, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11520 of 2025
======================================================
Rajiv Kumar Singh @ Rajeev Kumar Singh S/o- Late Laxman Singh, R/o
Village- Mahnar, P.S.- Mahnar, District- Vaishali. Presently residing at-
Mahamadpur, P.S.- Begusarai Town, District- Begusarai. Working as X-Ray
Technician, Community Health Centre, Pakaribarawan, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Govt. of Bihar, New Secretariat, Patna.
2. The Additional Chief Secretary, Health Department, Govt. of Bihar, New
Secretariat, Patna.
3. The Director-in-Chief, Health Services, Govt. of Bihar, Patna.
4. The Civil Surgeon, Nawada, District Nawada.
5. The In-charge Medical Officer, Community Health Centre, Pakaribarawan,
District- Nawada and Referral Hospital Mokama, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv.
For the Respondent/s : Mr. Pankaj Kumar Singh, AC to GA-9
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 28-07-2025
Heard the parties.
2. The challenge made in the present writ petition is
the order contained in Memo No. 1294(4) dated 28.11.2024 by
which even after revocation of suspension, the authorities has
denied to pay the salary for suspension period, i.e. with effect
from 18.03.2020 to 20.06.2024.
3. Mr. Shashi Bhushan Singh, learned Advocate for
the petitioner submitted that it is surprising that with respect to
same memo of charge, the petitioner has been subjected to four
Patna High Court CWJC No.11520 of 2025 dt.28-07-2025
departmental proceeding, one after another by putting him under
the prolonged suspension. Aggrieved with the order of
suspension, the petitioner had earlier moved before this Court in
CWJC No. 18359 of 2022 and the Court directed to conclude
the departmental proceeding, in question, by passing the final
order, either way, failing which the order of suspension of the
petitioner shall stand revoked automatically. In the light of the
order dated 27.02.2024, passed in the aforenoted case, finally
the suspension order of the petitioner stood revoked. But the
petitioner has been deprived from the salary of the suspension
period for over a period of four years.
4. It is the specific contention of the petitioner that the
respondent authorities are lingering over the departmental
proceeding(s), which have been commenced long back in the
year 2020 and further in the year 2023 and 2024. But none of
the departmental proceeding has brought to its logical
conclusion. The initiation of one after another departmental
proceeding on the same memo of charge is prima facie arbitrary
and an abuse of the power, at the hand of the disciplinary
authority, besides actuated with malice. Moreover, the petitioner
has always been ready to participate in the proceeding.
5. On the other hand, learned Advocate for the State
Patna High Court CWJC No.11520 of 2025 dt.28-07-2025
submits that instruction is required as to whether the petitioner
has been subjected to departmental proceeding, based upon the
same charges or it differs from one another.
6. Considering the submissions set forth and in order
to give quietus to the litigation, this Court deems it feet and
proper to direct the respondent no. 2 to look into the matter and
ensure completion of all the departmental proceeding,
preferably within a period of six months, from the date of
receipt/production of a copy of this order.
7. It is made clear that the petitioner has also been
deprived from the salary for over a period of five years. In the
meanwhile, the respondent authorities shall also consider the
claim of the petitioner for extending the salary.
8. The writ petition stands disposed off with the
aforesaid observation and direction.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.07.2025
Transmission Date NA
