Patna High Court

Ashok Kumar SinghversusThe State of Bihar

Decided: 31 March 2026
Disposal: DISPOSED
Bench: PARTHA SARTHY

Holding

The court held that the petitioner must first file a representation before the Superintendent of Police, and the respondents are directed to decide the representation and pay any due benefits within the stipulated periods.

Summary

Ashok Kumar Singh, a retired police officer, filed a writ petition seeking direction for the State of Bihar and related officials to grant him his first Additional CP (ACP) promotion, subsequent ACP/MACP benefits, and interest for delay, alleging he was not promoted after completing ten years of service and retired on 31-01-2025 without the benefits. The petitioner claimed entitlement to these promotions and financial benefits. The High Court examined the petition and directed the petitioner to first file a representation before the Superintendent of Police, Samastipur, within four weeks. The respondents were ordered to decide the representation within two months and to pay any financial benefits due within an additional two months, providing a reasoned order if the representation is rejected. The writ application was consequently disposed with these procedural directions.

Issues considered

Whether the petitioner is entitled to the first ACP promotion after ten years of service.
Whether the petitioner is entitled to subsequent ACP/MACP benefits and interest for delay.
Whether the court can directly award the benefits or must direct the petitioner to pursue administrative remedy.

Subjects

promotion
ACP
police service
civil writ jurisdiction
administrative remedy
delay in benefits
interest
representation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4582 of 2026
                 ======================================================
                 Ashok Kumar Singh Son of Late Harikant Singh, Resident of village-
                 Farhada, Post Nathmalpur, Police Station Barhara, District-Bhojpur.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.    The Finance Commissioner-Cum-Finance Secretary, Govt. of Bihar, Old
                 Secretariat, Patna.
           3.    The Director General-cum-Inspector General of Police, Bihar, Patna.
           4.    The Superintendent of Police, Samastipur.
           5.    The Accountant General, Bihar, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Vishwanath Prasad, Advocate
                 For the Respondent/s   :        Government Advocate (11)
                                                 Mr. Raj Nandan Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel for the parties.

                               2. The petitioner has filed the instant application for

                   the following relief (s) :-

                                  “1. That the present writ application is being filed for
                                  direction to the Respondents to provide 1st ACP from
                                  illegibility date of petitioner as Promotion was given
                                  on First Time Bond 21.06.1998 but First ACP was not
                                  provided after due completion of the period i.e. 10
                                  years of service and thereafter 2nd and 3rd ACP
                                  /MACP has not been provided for which the petitioner
                                  is entitled as he has retired from his service on
                                  31.01.2025 holding the same scale.
                                              And/or
                                  It is further prayed that your Lordship would further be
                                  pleased to direct the respondents to give interest due to
                                  delay in payment.”
         Patna High Court CWJC No.4582 of 2026(2) dt.31-03-2026
                                                     2/2




                               3. 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

                   with respect to the reliefs prayed for herein before the

                   Superintendent of Police, Samastipur (respondent no.4) within a

                   period of four weeks.

                               4. The respondent concerned shall decide the

                   representation of the petitioner in accordance with law within a

                   period of two months from the date of its filing.

                               5. The financial benefits found payable to the

                   petitioner shall be paid within a further period of two months

                   from the date of passing of the order.

                               6. In case the representation of the petitioner does not

                   find favour with the respondent concerned, a reasoned order for

                   the same shall be communicated to the petitioner within the

                   aforesaid period.

                               7. The writ application stands disposed of with the

                   above observations and directions.



                                              (Partha Sarthy, J)
Shiv/-

U

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