Patna High Court
Ram Bali ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court declined to grant the writ of mandamus and directed the petitioner to file a representation before the DGP, setting timelines for decision and payment.
Summary
Ram Bali Choudhary filed a writ petition seeking a mandamus directing the State of Bihar and police officials to backdate his first MACP promotion from 04‑01‑2011 to 09‑08‑1999, relying on a Supreme Court and Patna High Court full‑bench judgment that employees are entitled to ACP/MACP benefits without a departmental exam. He also requested benefits of a second ACP from 02‑01‑2000 and a third MACP from 01‑01‑2009. The petitioner alleged that his earlier representations received no response. The Court, after hearing counsel, declined to issue the mandamus and instead ordered the petitioner to file a fresh representation before the Director General of Police within two weeks, directing the respondent to decide the matter within six weeks and to make any payment within two months, with a reasoned order if the representation is rejected. The writ application was therefore disposed of without granting the relief sought.
Issues considered
- The petitioner’s entitlement to have his first MACP date backdated based on the cited Apex Court and Patna High Court judgments.
- Whether a writ of mandamus can be issued directing the respondents to grant ACP/MACP benefits without a departmental examination.
- The appropriate procedural remedy for the petitioner’s grievance.
Subjects
- mandamus
- ACP/MACP scheme
- promotion backdating
- departmental examination
- representation
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2457 of 2026
======================================================
Ram Bali Choudhary S/o Late Ram Chandra Choudhary, Resident of
Haridaspur, P.O. and P.S.- Khagual, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Chief Secretary, Finance Department having his office at Old
Secretariate P.S. Sachivalaya, District Patna.
3. The Director General Police, Bihar Patna his office at Sardar Patel Bhawan,
P.S. Shastri Nagar, District Patna.
4. The Inspector General Police (Budget/Appeal/Welfare) Bihar Patna, having
his office at Sardar Patel Bhawan, P.S. Shastri Nagar, District Patna.
5. The Senior Superintendent Police, Patna, having his office at West Gandhi
Maidan, P.S. Gandhi Maidan, District Patna.
6. The Accountant General, Bihar, Patna, having his office at Birchand Patel
Path, P.S. Kotwali, District Patna.
7. The Assistant of DGP (Welfare), Bihar, Patna having his office at Patel
Bhawan, P.S. Shastri Nagar, District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikas Mohan, Advocate
For the Respondent/s : Mr. Government Pleader (24)
Mr. Ram Kinkar Choubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-02-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. That this application is being filed for
issuance of writ in the nature of mandamus may be
issued directing the respondents to shift back the
date of 1st MACP of the petitioner from
04.01.2011 to 09.08.1999 in the light of Hon'ble
Apex Court judgment as well as Hon'ble full
Bench Judgment of this Hon'ble Court in case of
Patna High Court CWJC No.2457 of 2026(2) dt.16-02-2026
2/3
C.W.J.C. No. 18727/2017.
In which the Hon'ble Apex Court and
Hon'ble full bench of this Hon'ble Court has
specifically states that the employees are entitled
for consideration of their for grant of ACP/MACP
scheme without passing Departmental
examination.
2. That further writ in the nature of
mandamus directing the respondent to consider
the case of the petitioner for grant of benefit of 2 nd
ACP w.e.f. 02.01.2000 and grant of benefit of 3 rd
MACP w.e.f. 01.01.2009.”
3. It is submitted by learned counsel for the petitioner
that inspite of the petitioner having pursued the respondents for
the grievances raised in the instant writ application by filing
representation, one of which has been brought on record as
Annexure-P/3 in this application, neither any response has been
received from the respondents nor has the relief(s) sought for by
the petitioner been granted. As such the instant writ application.
4. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed of directing the petitioner to file a representation
before the Director General of Police, Bihar (respondent no.3)
within a period of two weeks.
5. On filing of the representation, the respondent shall
Patna High Court CWJC No.2457 of 2026(2) dt.16-02-2026
3/3
decide the same within a period of six weeks from the date of its
filing.
6. Any amount found payable to the petitioner shall be
paid within a period of two months from the date of disposal of
the representation.
7. In case the representation of the petitioner does not
find favour with the respondents, a reasoned order for the same
shall be communicated to the petitioner within the aforesaid
period.
8. With the above observations and directions, the writ
application stands disposed of.
(Partha Sarthy, J)
Shiv/-
U
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