Patna High Court
Umesh Chandra JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court declined to issue a mandamus and instead directed the petitioner to file a detailed representation for the authority to decide the claim, resulting in the petition's disposal.
Summary
Umesh Chandra Jha, a police officer, filed a writ petition seeking a mandamus directing the Bihar police authorities to grant him benefits under the Assured Career Progression (ACP) scheme from 1 January 2009, along with arrears of the 6th pay revision, dearness allowance, and reimbursement for a generator repair voucher. He contended that despite a departmental inquiry and punishment being recorded, the ACP benefits were denied despite representations and a recommendation by the SSP, Vaishali. The State argued that the pending representations should be decided in view of the nature of the punishment before any promotion could be granted. Justice Ajit Kumar directed the petitioner to file a detailed representation with supporting documents before the Superintendent of Police, Nawada, within four weeks, and ordered the authority to adjudicate the claim and issue a reasoned order within eight weeks. If the petitioner is found eligible, the ACP benefits should be extended to him within the same period. Consequently, the writ petition was disposed without granting the relief sought.
Issues considered
- What entitlement, if any, does a police officer have to benefits under the Assured Career Progression scheme when a departmental punishment has been recorded?
- Whether the court can issue a mandamus directing immediate grant of such benefits despite pending representations.
Subjects
- Assured Career Progression
- Police service
- Departmental inquiry
- Promotion
- Mandamus
- Writ petition
- Arrears
- Dearing allowance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1369 of 2026
======================================================
Umesh Chandra Jha Son of Late Kishore Jha, Resident of Village- Hardwar,
P.S.- Ghanshyampur, District- Darbhanga, Bihar, PIN- 847427.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Home Department
(Police), Bihar, Patna.
2. The Principal Secretary, Home Department Police Headquarter, Sardar Patel
Bhawan, Government of Bihar, Jawahar Lal Nehru Road (Bailey Road),
P.O., P.S. and District- Patna.
3. The Director General of Police, Bihar, Patna, Police Headquarter, Sardar
Patel Bhawan, Government of Bihar, Jawahar Lal Nehru Road (Bailey
Road), P.O., P.S. and District- Patna.
4. The Senior Superintendent of Police, Gaya.
5. The Deputy Superintendent of Police, Headquarter, Gaya.
6. The Superintendent of Police, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Adv.
Mr. Shivesh Kumar Singh, Adv.
For the Respondent/s : Mr. Standing Counsel 12
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-02-2026 Counsel for the petitioner is permitted to add
Superintendent of Police, Nawada, as party respondent number
6 in this writ petition in course of the day.
2. The writ application has been filed for the
following relief:-
“i) For the issuance of writ in the nature of
mandamus for directing the concerned respondent
authority to grant the benefit of A.C.P. with effect
from 01.01.2009 which has remain unpaid inspite of
various representation filed on behalf of petitioner
and their being recommendation by the, S.S.P.,
Vaishali.
Patna High Court CWJC No.1369 of 2026(2) dt.06-02-2026
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(ii) For further directing the concerned
respondents to pay the arrears of the 6th pay
revision which has also remained unpaid till date.
(iii) Further to pay the arrears of dearness
allowances since July 21013 amounting to Rs.6684.
(iv) Further to encash the voucher of
Rs.8,305/- which the petitioner has paid for repair of
the generator while he was posted at Kashichak
Police Station in year 2009.
(v) For other necessary relief/reliefs to which
the petitioner may be found entitled in the facts of
the case.”
3. Counsel for the petitioner submits that in the
pending departmental inquiry, the punishment has already been
recorded and despite such conclusion of departmental enquiry
and punishment, having been recorded, the benefits of Assured
Career Progression Scheme has not been allowed in favour of
the petitioner for which appropriate representations have already
been filed before the authorities concerned.
4. On the other hand counsel for the State submits that
since the representation has already been made before the
authority, the same may be directed to be decided in accordance
with law looking to the nature of punishment passed in the case
of the petitioner, and in effect on such promotion under the
scheme.
5. Considering the aforesaid, the petitioner is directed
Patna High Court CWJC No.1369 of 2026(2) dt.06-02-2026
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to file appropriate detailed representation appending all requisite
document along with a copy of this order within a period of 4
weeks from today before the superintendent of Police, Nawada,
who would be obliged to adjudicate the claim of the petitioner
by passing a reason and speaking order within a further period
of 8 weeks from the date of filing of such representation and, if
the petitioner is found entitled for the benefits of such Scheme,
the same shall also be extended to the petitioner within the same
time period.
6. With the aforesaid observation, the writ petition
stands disposed of.
(Ajit Kumar, J)
rishi/-
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