Patna High Court
Rajbindu PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court directed the Additional Chief Secretary‑cum‑Principal Secretary, Home (Police) Department, Government of Bihar to consider the petitioner's promotion to Deputy Superintendent of Police and to decide the matter within three months.
Summary
Petitioner Rajbindu Prasad, an Inspector of Police, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to consider his promotion to Deputy Superintendent of Police and to dispose of a pending representation dated 19‑05‑2021. The petition argued that his promotion was not considered earlier because a censure order had been passed against him, but that the order had lost its force after three years, as evidenced by a letter dated 02‑02‑2026. The court examined whether the respondents were obligated to consider the promotion despite the prior disciplinary action and whether the pending representation must be acted upon. It held that the respondents must consider the promotion case and render a final decision within three months of receiving the order. Accordingly, the writ application was disposed of with a direction to the Additional Chief Secretary‑cum‑Principal Secretary, Home (Police) Department, to decide the promotion and communicate the order to the petitioner.
Issues considered
- Whether the State authorities are required to consider the petitioner's promotion despite a prior censure order that has lost its force.
- Whether the pending representation dated 19‑05‑2021 must be disposed of by the respondents.
- Whether a writ of mandamus can be issued directing consideration of the promotion and disposal of the representation.
Subjects
- promotion
- police service
- writ of mandamus
- administrative law
- disciplinary action
- Bihar Public Service Commission
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2103 of 2022
======================================================
Rajbindu Prasad Son of Late Rama Prasad resident of Flat No. 504, Nutan
Harisewa Apartment, Vigrahpur, P.S. Jakkanpur, P.O. G.P.O., District- Patna-
800 001, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar represented through the Additional Chief Secretary-cum-
the Principal Secretary, Home (Police) Department, Government of Bihar,
Patna.
2. The Additional Director General of Police (Headquarters), Home (Police)
Department, Bihar, Patna.
3. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
4. The Bihar Public Service Commission, through its Secretary, 15, Jawahar
Lal Nehru Marg (Bailey Road), Patna- 800 001
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Dr. Ranjeet Kumar, Advocate
Mr. Kumar Ravish, Advocate
For the State : Mr. Shalini, AC to GP- 5
For the BPSC : Mr. Kameshwar Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 09-04-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following reliefs:
“1. (i) To issue a writ of
mandamus/direction/command upon
the respondents to consider the case of
this petitioner for his promotion from
the post of Inspector of Police to
Deputy Superintendent of Police with
a direction to pay him consequential
benefits.
Patna High Court CWJC No.2103 of 2022(6) dt.09-04-2026
2/3
(ii) To issue a writ of
mandamus/order/direction/command
directing the respondents (Respondent
No. 2) to dispose of the last pending
representation dated 19.05.2021
(Annexure-P/3) which was forwarded
under Letter No. 1927 dated
21.05.2021 (Annexure-P/4) by the
Superintendent of Police, East
Champaran, Motihari.
(iii) Any other relief or
reliefs which the petitioner may be
found entitled to in the facts and
circumstances of the case.
(iv) Cost of this litigation.”
3. It is submitted by learned counsel for the petitioner
that the case of the petitioner for promotion from the post of
Inspector of Police to the Deputy Superintendent of Police was
not considered earlier by the respondents only for the reason of
an order of punishment of censure having been passed against
the petitioner. The said order of punishment having lost its force
on completion of three years, as would also be evident from the
letter dated 2.2.2026 of the Deputy Inspector General of Police,
Champaran Range, Bettiah brought on record as Annexure to
the counter affidavit filed on behalf of the respondents, the case
of promotion of the petitioner is under consideration by the
Patna High Court CWJC No.2103 of 2022(6) dt.09-04-2026
3/3
respondents
4. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed of with a direction to the Additional Chief Secretary-
cum-Principal Secretary, Home (Police) Department,
Government of Bihar, Patna (respondent no.1) to consider the
case of the petitioner for promotion and take a final decision
thereon within a period of three months from the date of
receipt/production of a copy of this order.
5. The order passed on consideration of the case of
promotion of the petitioner shall be communicated to the
petitioner forthwith.
6. The writ application stands disposed of.
(Partha Sarthy, J)
sauravkrsinha/-
U
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