Patna High Court
Soumitra BhaduryversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner must first pursue his grievance under the Bihar Government Servant Grievance Redressal Rules, 2019, and therefore the writ petition is disposed.
Summary
Soumitra Bhadury filed a writ petition seeking the benefit of ACP/MACP, alleging that the State had denied his entitlement. The State contended that his grievance fell within the Bihar Government Servant Grievance Redressal Rules, 2019, and thus could not be entertained by the High Court. The Court examined Rule 2(C) of the Rules, which defines a "complaint" to include matters such as promotion and ACP/MACP, and Rule 3, which prescribes the online filing procedure. It held that the petitioner must first lodge a complaint under the Rules and that the matter is not maintainable as a writ petition. Accordingly, the Court granted the petitioner liberty to file a complaint within 30 days and stayed the force order dated 23.06.2025, disposing of the writ petition.
Issues considered
- Whether the petitioner’s grievance regarding ACP/MACP benefit is maintainable as a writ petition or is exclusively covered by the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the force order issued by the Commandant, Bihar Special Armed Police-5, can be stayed pending compliance with the grievance redressal mechanism.
Legislation cited
Subjects
- writ petition
- grievance redressal
- ACP
- MACP
- service benefits
- Bihar Government Servant Grievance Redressal Rules, 2019
- stay order
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19546 of 2025
======================================================
Soumitra Bhadury S/o Late Sachidanand Bhadury @ S. N. Bhadury R/o NY
65, Janta Road, Behind Jhun Jhun Mahal, P.S. -Gardanibagh, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department,
Bihar, Patna.
2. The Principal Secretary, Home Department, Bihar, Patna.
3. The Principal Secretary, Finance Department, Bihar, Patna.
4. The Director General of Police, Bihar, Patna.
5. The Deputy Inspector General of Police (Personnel), Bihar, Patna.
6. Inspector General of Police (Welfare), Bihar, Patna.
7. The Commandant, Bihar Special Armed Police-5, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyam Anand, Advocate
For the State : Mr. M.N.H. Khan, SC-1
Mr. Babita Kumari, AC to SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 27-04-2026 Heard learned counsel appearing for the petitioner
and learned counsel appearing for the State.
2. Learned counsel for the petitioner submits that the
petitioner has filed the present writ petition for granting the
benefit of ACP/MACP.
3. Learned counsel for the State has raised a
preliminary objection and submits that the grievance of the
petitioner is well covered under the Bihar Government Servant
Grievance Redressal Rules, 2019 (hereinafter referred to as the
‘Rules of 2019’).
Patna High Court CWJC No.19546 of 2025(3) dt.27-04-2026
2/3
4. In light of the submissions made by the parties and
upon perusal of the said Rule, it transpires to this Court under
Rule 2(C) of the Rule of 2019 the word ‘complaint’ has been
defined as follows :-
(c) 'Complaint' refers to all matters relating to the
service and service benefits of serving and retired
personnel of State Government as - (1) related to
appointment (2) Service confirmation related (3) related
to salary payment and increment (4) promotion, A.C.P.,
M.A.C.P. related (5) priority/preference assessment
related (6) related to the approval of leaves other than
casual leave (7) related to salary during leave (8)
related to approval and payment of allowances (9)
Medical reimbursements (10) related to payment of
retirement benefits such as pension, gratuity, group
insurance, encashment of the unavailed leaves and
payment of General Provident Fund.
However, if any of the above related
matter is under any Court's consideration then it
will not be considered as a complaint under this
system.
But further, matters relating to
disciplinary & departmental action, and transfer
/ posting / deputation will not be included as
complaints under this. Any case, under the Right
to Information Act, 2005 will also not be
considered as a complaint under this system.
and procedure for filing complaint has also been
prescribed under Rule 3 of the said Rule of 2019 as under :
3. Procedure for filing a complaint: Procedure for
registering complaints related to service matters and
retirement benefits will be as follows -
(a) Any employee of the Bihar State Government,
serving or retired, of any group can file any
complaint related to their service matters and/or
retirement benefits, through online mode. In the
event of death of a Government Personnel,
complaint can be lodged by his/her dependent, The
applicant will have to mention the details of the
office / officer, his/her complaint is related to.
Patna High Court CWJC No.19546 of 2025(3) dt.27-04-2026
3/3
Other relevant details will also have to be provided
in the online application.
(b) In one application, complaint related to only
one subject can be filed. Since no fee is required
for registering a complaint, therefore, if a
complainant wants relief in more than one subject
then he/she has to register a separate application
for it. In spite of this, if in the same application
relief on more than one subject is being sought for,
then in that case, the first issue mentioned in the
complaint application will be considered as the
complaint and further action will be taken on the
same.
5. In this background, the petitioners are granted
liberty to file a complaint under the provisions of the Rules of
2019 within 30 days from today. Upon filing of the said
complaint, the authority concerned shall pass orders within the
time specified in the said Rules of 2019. Till then, Memo No.
2616, dated 23.06.2025 (Force Order No. 702/2025) issued
from the Office of Commandant, Bihar Special Armed Police-5,
Patna shall remain stayed.
6. With the aforesaid observation and direction, the
present writ petition stands disposed of.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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