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Patna High Court

Rajbindu PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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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