Ramashish Rai (Retd. correspondence clerk) vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15754 of 2026
CNR No. BRHC011016122026
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Ramashish Rai (Retd. correspondence clerk) son of Late Jageshwar Rai,
Resident of village-Ranitol Bhagwanpur, P.0. Rupasbag, Police Station-
Bachhwara, District-Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Govt. of Bihar, Patna.
2. The Chief Engineer, Water Resources Department, Birpur Division, District-
Supaul.
3. The Superintending Engineer, East Koshi Embankment Circle, Saharsa,
District-Saharsa.
4. The Superintending Engineer, Canal Circle, Saharsa, District-Saharsa.
5. The Executive Engineer, Irrigation Division, Triveniganj, District-Supaul.
6. The Executive Engineer, Water Emission Division, Kopariya, District-
Saharsa.
7. The Provident Fund Officer, District Provident Fund Cell, Saharsa, District-
Saharsa.
8. The Treasury Officer, Begusarai, District-Begusarai.
9. The Accountant General, Bihar, Patna, Bir Chand Patel Path, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Santosh Kumar Verma, Advocate
For the State : Mr. Javed Gaffar Khan, GP-9
For the A.G. : Ms. Nivedita Nirvikar, Sr. Advocate
Mr. Amarshakti, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-10-2026
Heard learned Counsel for the petitioner, learned
Counsel for the State and learned Senior Counsel for the
Accountant General.
2. The petitioner has filed the present writ petition
with the following relief/s:-

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i). For issuance of a writ in the
nature of certiorari for quashing of the
Office order vide Letter No.102 dated
8.2.2014 (Annexure-P/2) issued by the
Executive Engineer, Irrigation Divison,
Triveniganj (Respondent No.5) whereby and
where under the two increments earlier
given to the petitioner for the year 10-11 and
11-12 has been cancelled and directed to
recover the excess payment from his salary
and recovered the excess amount from his
retirement benefit in arbitrary manner with
malafide intention without initiating any
departmental proceeding and without
providing any opportunity of hearing to the
petitioner and thereafter other two
increments for the year 12-13 and 13-14 till
retirement in 2014 has also not been given to
the petitioner till today.
ii). For quashing of the order
vide letter No.746 dated 9.10.2015
(Annexure-P/6) passed by the Executive
Engineer, Water Emission Division,
Kopariya, Saharsa (Respondent No.6)
whereby and whereunder an order has been
passed for deduction of 25% of gratuity and
pension and the same has been deducted as
a punishment under the Bihar Pension Rules
139(B) in arbitrary manner with malafide
intention without initiating any departmental
proceeding and without giving an
opportunity of hearing to the petitioner.
iii). For grant of any other
relief/reliefs for which the petitioner is
legally entitled in the facts and
circumstances of the case.
3. Learned Counsel for the petitioner submits that
the petitioner has moved with the said relief/s in the light of the

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observation made by this Hon’ble Court vide order dated
18/08/2026 passed in MJC No. 2774 of 2017 in which the
petitioner has been granted liberty to challenge in the
appropriate proceeding the two penalties regarding deprivation
of four increments and deduction of gratuity and pension.
4. Learned Counsel for the State submits that
liberty was granted to the petitioner to file representation before
The Chief Engineer, Water Resources Department, Birpur
Division, District-Supaul (respondent No.2) within one month
but instead of filing his representation before The Chief
Engineer, Water Resources Department, Birpur Division,
District-Supaul (respondent No.2) he has moved directly before
this Court.
5. The argument made by the respondent is found
to be true. Therefore, this Court is not entertaining the present
writ petition. However, liberty is hereby granted to the petitioner
first to file representation along with a copy of the order within
30 days from today before the Chief Engineer, Water Resources
Department, Birpur Division, District-Supaul (respondent No.2)
for all his grievances and the Chief Engineer, Water Resources
Department, Birpur Division, District-Supaul (respondent No.2)
shall pass a reasoned and speaking order on the representation

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of the petitioner in accordance with law within 90 days from the
date of receipt/production of a copy of this order.
6. With the aforesaid direction, the present writ
petition stands disposed off.

(Dr. Anshuman, J)
Anshuman/-
AFR/NAFR
CAV DATE NA
Uploading Date
Transmission Date