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Patna High Court

Devendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                           2/3




                         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
                                                        3/3




                      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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