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Patna High Court

Mahrangi PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation before the Superintendent of Police, Munger, and disposed of the writ petition.

Summary

The petitioner, a former Chaukidar, filed a writ petition seeking payment of his due salary for the period December 2022 to June 2025, alleging that his representation to the District Magistrate, Munger, remained unanswered. The State argued that the petitioner approached the wrong forum and should address his grievance to the competent authority. The Court held that the petitioner must file a fresh representation before the Superintendent of Police, Munger, within 30 days, and that the Superintendent must decide the matter within 90 days with a reasoned order. No substantive determination on the salary claim was made. Consequently, the writ petition was disposed of after the directions were issued.

Issues considered

  • Whether the High Court can direct the petitioner to file a fresh representation before the competent authority for salary dues.
  • Whether the writ petition is maintainable for a grievance that should be addressed through administrative channels.

Subjects

  • salary dues
  • service grievance
  • writ petition
  • administrative remedy
  • jurisdiction
  • police service
  • representation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4789 of 2026
                 ======================================================
                 Mahrangi Paswan Son of Ram Jatan Paswan, Resident of village- Jagdamapur
                 Farda, P.O. - Farda, P.S.- Naya Ram Nagar, District- Munger.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary Home Department Govt.
                 of Bihar.
           2.    The Principal Secretary Home Department Govt. of Bihar, Patna.
           3.    The Director General of Police (D.G.P.), Bihar, Patna.
           4.    The Superintendent of Police, District- Munger.
           5.    The Deputy Superintendent of Police, District- Munger.
           6.    The S.H.O. Saffiya Sarai, Police Station.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Suresh Singh, Advocate
                 For the Respondent/s   :      Mr.Standing Counsel (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   31-03-2026                Heard counsel for the petitioner and learned counsel

                   for the State.

                              2. The present writ petition has been filed for payment

                   of the petitioner’s due salary for the period from December,

                   2022 to June, 2025, during which he is stated to have discharged

                   his duties on the post of Chaukidar.

                              3. Learned counsel for the petitioner submits that for

                   redressal of his grievance, the petitioner had filed a

                   representation before the District Magistrate, Munger, however,

                   no decision has been taken on the said representation till date.

                              4. Learned counsel for the State submits that the
            Patna High Court CWJC No.4789 of 2026(2) dt.31-03-2026
                                                        2/2




                      petitioner has approached the wrong forum by filing the

                      representation before the District Magistrate, Munger. It is

                      further submitted that the petitioner may be directed to file a

                      fresh representation before the competent authority for redressal

                      of his grievance.

                                  5. In the aforesaid background, the petitioner is

                      directed to file a fresh representation before respondent No.4,

                      namely, the Superintendent of Police, Munger, raising all his

                      grievance, along with a copy of this order, within 30 days from

                      today. Upon receipt of the representation, the respondent No.4,

                      namely, the Superintendent of Police, Munger, is directed to

                      take a decision on the said representation within 90 days from

                      the date of its filing, with a reasoned and speaking order.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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