In The High Court of Judicature At Patna

(Civil Writ Jurisdiction)

C.W.J.C No. of 2021

Lallan Kumar ----------------------------------------Petitioner

Versus

The State of Bihar & Others-----------------------------Respondent

Sub:- Withholding of Increment (Service Matter) Non-Gazetted

Index
Sl. No. Particulars Page No.

1. An application with affidavit 1 to….

2. Annexure-1 A photo/typed copy of letter dated 27.02.2017

3.Annexure-2 A photo copy of the letter no.80 dated

22.04.2017

4.Annexure-3 A photo copy of letter no. 1281 dated

19.04.2017

5.Annexure-4 A photo copy of the explanation dated

22.04.2017

6.Annexure-5 A photo copy of memo no. 1480 dated

03.05.2017

7. Impugned Order

8. Vakalatnama
 1.
In the High Court of Judicature At Patna
(Civil Writ Jurisdiction)
C.W.J.C No. of 2021

In the matter of an
application under
article 226 of the
Constitution of India
And

In the matter of

Lallan Kumar, son of………………………………………resident of

village:-…..………………………….,P.S:-……………………,Distt:-

Nalanda(Bihar).

-----------------------Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of

Personnel & General Administration, Govt of Bihar (Patna).

2. The District Magistrate, Aurangabad.

3. The Deputy Development Commissioner, Aurangabad.

----------------------Respondents
 2.

To

The Hon’ble Mr Justice Sanjay Karol the Chief Justice of the High Court

of Judicature at Patna and his companion Justices of the said Hon’ble

court.

The humble petition on

behalf of the abovenamed

petitioners.

MOST RESPECTFULLY SHEWETH: -

1. That this petition is being filed in nature of …..for…… the letter

vide memo no. 1480 dated 03.05.2017 whereby minor punishment

has been inflicted upon the petitioner by withholding one increment

with cumulative effect for not submitting show-cause notices to

different officials who were absent in the meeting and further in the

nature of….. commanding and directing upon the respondents

concerned to pay the withhold amount with statutory interest.

2. That the substantial questions of law involved in the writ petition

are as under: -

3.

I) Whether the act of the concerned Respondent is malafide,

arbitrary and justified by law ?

II) Whether the imposition of minor punishment by withholding

one increment due to not submitting show-cause notices

though there was no direction …..example of ……exercise of

power ?

III) Whether non-consideration of show-cause reply and ignoring

material facts is gross example of arbitrate Ness ?

3. That the petitioner is a citizen of India and he resides within the

territorial jurisdiction of this Hon’ble court.

4. That the petitioner is Head Stenographer and posted in the District

Collectorate, Aurangabad.

5. That a letter has been prepared to send show-cause notices to the

concerned authorities who were not present in the District level

weekly meeting to be held on 20.02.2017 but there was no

instruction of the Deputy Development Commissioner to send the

same and no signature has been put on the letter therefore the

same could not be sent as is evident from the comment in which it

has been stated that there was no instruction to send the same
 and that is reason why the same could not be submitted by the

petitioner.

4.

A photo/typed copy of letter

dated 27.02.2017 is being

annexed herewith and marked

as annexure-1 to this

application.

6. That thereafter vide letter no. 38 dated 22.04.2017 the show-cause

notices have been sent after obtaining signature and direction of

the Deputy Development Commissioner.

A photo copy of the letter no.80

dated 22.04.2017 is being

annexed herewith and marked

as annexure-2 to this

application.

7. That vide letter no. 19.04.2017 the petitioner’s salary has been

withhold with immediate step and show-cause notice has been

issued to submit explanation.

 A photo copy of letter no. 1281

dated 19.04.2017 is being

annexed herewith and marked

5.

as annexure-3 to this

application.

8. That the petitioner has filed show-cause reply that though the letter

was typed but the same could not be sent due to unprecedented

cause praying therein to exempt from charge giving cogent reason

of not sending vide dated 22.04.2017.

A photo copy of the explanation

dated 22.04.2017 is being

annexed herewith and marked

as annexure-4 to this

application.

9. That vide order through memo no. 1480 dated 03.05.2017 the

punishment for withholding one increment has not been lifted

holding explanation unsatisfactory.

A photo copy of memo no. 1480

dated 03.05.2017 is being

annexed herewith and marked

 as annexure-5 to this

application.

6.

10. That thus under the facts and circumstances state above it is

humbly and respectfully submitted that the petitioner has been

inflicted minor punishment by withholding one increment though

there was no instruction to send the show-cause notices and no

signature of the authority i.e. the D.D.C that is evident from the

annexure-1 and just after obtaining instruction the petitioner has

sent the same and through the show-cause reply the petitioner has

explained categorically but ignoring and non-examining material

record the punishment has not been lifted though at the level of the

petitioner there was no fault and thus in the interest of justice

interference is warranted.

11. That the petitioner has left no equally and efficacious remedy

than to seek relief before this Hon’ble court.

12. That no such application has earlier been filed either or on

behalf of the petitioner seeking similar relief before this Hon’ble

court.
 It is therefore prayed that

your Lordship may be

pleased to admit this

application and having

heard the parties further

7.

be pleased to grant relief

as prayed in paragraph

no. (1) of the petition.

And/or

Pass such other order(s)

as your Lordships may

deem fit and proper in the

interest of justice.

And for this the petitioner shall ever pray.

 8

AFFIDAVIT

I, Lallan Kumar, aged about………………years, son of

……………………………..resident of village…..………………………….,
P.S…………………Distt:- Nalanda, (Bihar) do hereby solemnly affirm
and state as follows: -

1. That I am petitioner in this case and as such as well-acquainted

with the facts and circumstances of this case.

2. That the contents of this petition have been read over and
explained to me in Hindi which I have fully under stood the
statements made in paragraph no……. are true to my information
derived from the record and have belief to be true and rest are by
way of submission before this Hon’ble court.

3. That the Annexures are true/photocopies of its originals.

 In The High Court of Judicature At Patna
(Civil Writ Jurisdiction Case of 2021)
C.W.J.C No. of 2021

Lallan Kumar ------------------------Petitioner

Versus

The State of Bihar & Others---------------Respondents

SYNOPSIS
RELIEFS :-
That this petition is being filed in nature of …..for…… the letter vide
memo no. 1480 dated 03.05.2017 whereby minor punishment has been
inflicted upon the petitioner by withholding one increment with
cumulative effect for not submitting show-cause notices to different
officials who were absent in the meeting and further in the nature of…..
commanding and directing upon the respondents concerned to pay the
withhold amount with statutory interest.
LIST OF DATE AND EVENTS

Date Event
27.02.2017 A letter has been prepared to send show cause notices
Annexure-1 to the concerned authorities who were not present in the
District level weekly meeting to be held on 20.02.2017
but there was no instruction of the Deputy Development
Commissioner to send the same and no signature has
been put on the letter therefore the same could not be
sent as is evident from the comment in which it has been
stated that there was no instruction to send the same and
that is
reason why the same could not be submitted by the
petitioner.

19.04.2017 Vide letter no. 19.04.2017 the petitioner’s salary has

Annexure-3 been with held with immediate step and show-cause
notice has been issued to submit explanation.

22.04.2017 Vide letter no. 38 dated 22.04.2017 the show-cause

Annexure-2 notices have been sent after obtaining signature and
direction of the Deputy Development Commissioner.

22.04.2017 The petitioner has filed show-cause reply that though the
Annexure-4 letter was typed but the same could not be sent due to
unprecedented cause praying therein to exempt from
charge giving cogent reason of not sending vide dated
22.04.2017.

03.05.2017 Vide order through memo no. 1480 dated 03.05.2017 the
Annexure-5 punishment for withholding one increment has not been
lifted holding explanation unsatisfactory.

Hence this writ petition.