Patna High Court
Devendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition was disposed of, directing the petitioner to file a fresh representation and the DGP to pass a reasoned order, without granting mandamus.
Summary
The petitioner, a Sub‑Inspector of Police, filed a writ petition seeking a mandamus directing the State to recognize his seniority as Inspector from 13‑08‑2013 and to promote him to Deputy Superintendent of Police from 29‑01‑2019, along with all accrued monetary benefits. He claimed his representation for promotion, pending since 2017 before the Director General of Police, had not been acted upon, while the State contended that a departmental proceeding was still pending. The petitioner asserted that the departmental proceeding had already concluded. The High Court held that the writ petition could not be entertained in its present form and ordered the petitioner to file a fresh representation before the DGP within 30 days, directing the DGP to issue a reasoned order within 90 days. Consequently, the writ petition was disposed of without granting the reliefs sought.
Issues considered
- What is the appropriate remedy when a police officer's promotion representation is pending or allegedly concluded?
- Can a writ of mandamus be issued to compel promotion and seniority benefits in the presence of departmental proceedings?
Subjects
- promotion
- police service
- writ of mandamus
- seniority
- departmental proceedings
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2036 of 2022
======================================================
Devendra Kumar Son of Late Kailash Prasad, Resident of Village - Sagarpur,
P.S. - Makhdumpur, District - Jehanabad, presently posted as Sub-Inspector of
Police in Rohtas District.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department,
Government of Bihar, Patna.
2. The Director General of Police, Home (Police) Department, Government of
Bihar, Patna.
3. The Additional Director General of Police, Headquarter, Home (Police)
Department, Government of Bihar, Patna.
4. The Inspector General of Police, Police Headquarter, Bihar, Patna.
5. The Deputy Inspector General of Police, Central Command, (Police
Headquarter), Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar, Adv.
For the Respondent/s : Mr.Sheo Shankar Prasad (SC 8)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 20-01-2026
Heard Learned Counsel for the petitioner and Learned
Counsel for the State.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed with the following reliefs:-
i) For issuance of writ in the nature of
Mandamus or any other appropriate writ
commanding the respondents to promote and count
the seniority of the petitioner as Inspector of Police
with effect from 13.08.2013 and also consider his
case for promotion to the next higher post of
Deputy Superintendent of Police with effect from
Patna High Court CWJC No.2036 of 2022 dt.20-01-2026
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29.01.2019 when similarly situated and even his
juniors were granted promotion on the said posts.
ii) For issuance of writ in the nature of
Mandamus or any other appropriate writ
commanding the respondents to grant all the
consequential monetary and other benefits with
statutory and panel interests which accrued to the
petitioner on being promoted as Inspector and
Deputy Superintendent of police at par with pay
the arrear of differences of salary and additional
allowance to the petitioner.
3. Counsel for the petitioner further submits that the
petitioner’s representation is pending since 2017 before the
Office of Director General of Police for his promotion and grant
of ACP. He further submits that no order has been passed in his
representation till date.
4. Counsel for the State, on the other hand, submits
that from the pleading of the writ petition, it transpires that there
is departmental proceeding pending against the petitioner.
5. In this regard, counsel for the petitioner submits
that the said departmental proceeding has already been
concluded.
6. In the light of the submissions made, this Court
finds that no purpose shall be served keeping the present writ
petition pending. As such, the present writ petition is hereby
Patna High Court CWJC No.2036 of 2022 dt.20-01-2026
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disposed off directing the petitioner to file a fresh representation
raising all his grievances before the the Director General of
Police, Home (Police) Department (respondent No.2) within 30
days along with this order and the respondent No.2 shall pass a
reasoned and speaking order within 90 days after receiving the
same.
7. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21/01/2026
Transmission Date NA
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