Created by Fuzzy Cloud

Patna High Court

Ramashish Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioners must first file a grievance under the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is disposed.

Summary

Petitioners Ramashish Kumar Singh and Sanjay Mandal filed a writ petition seeking the benefit of the Assistant Commissioner of Police (ACP/MACP) position. The State argued that their grievance fell within the scope of the Bihar Government Servant Grievance Redressal Rules, 2019, and thus should be addressed through that mechanism. The Court examined whether a writ was the appropriate remedy or whether the statutory grievance redressal process was exclusive. It held that the petitioners must first pursue relief under the 2019 Rules, which provide a specific procedure and timeline for such grievances. Accordingly, the Court granted the petitioners liberty to file a complaint under the Rules within 30 days and directed the concerned authority to decide the complaint within the prescribed period, disposing of the writ petition.

Issues considered

  • Whether the petitioners' grievance for ACP/MACP benefit can be entertained by a writ petition or is exclusively covered by the Bihar Government Servant Grievance Redressal Rules, 2019.

Subjects

  • writ petition
  • grievance redressal
  • Bihar Government Servant Grievance Redressal Rules, 2019
  • ACP
  • administrative law
  • civil service

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5213 of 2026
                 ======================================================
           1.     Ramashish Kumar Singh S/o Arvind Kumar Singh, Resident of - presently
                  posted at Shambhuganj Police Station, P.O.- Shambhuganj, P.S. -
                  Shambhuganj, District- Banka, Bihar- 813211.
           2.    Sanjay Mandal, S/o Kailash Mandal, Resident of - presently posted at
                 Shambhuganj Police Station, P.O.- Shambhuganj, P.S. - Shambhuganj,
                 District- Banka, Bihar- 813211.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Principal Secretary, Home Department (Police)
                 Bihar, Patna.
           2.    District Magistrate, Banka, Bihar.
           3.    Circle Officer, Shambhuganj, Banka, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Munish Kumar, Advocate
                                               Ms. Minakshi Kumari, Advocate
                                               Mr. Munna Raj, Advocate
                                               Mr. Shitanshu Shekhar, Advocate
                 For the State          :      Mr. Rajeshwar Singh, GA-10
                                               Mr. Jitendra Kumar, AC to GA-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel appearing for the petitioners

                   and learned counsel appearing for the State.

                                 2. Learned counsel for the petitioners submits that the

                   present writ petition has been filed for grant of benefit of

                   ACP/MACP.

                                 3. Learned counsel for the State has raised a

                   preliminary objection and submits that the grievance of the

                   petitioners is well covered under the Bihar Government Servant

                   Grievance Redressal Rules, 2019 (hereinafter referred to as the
            Patna High Court CWJC No.5213 of 2026(2) dt.07-04-2026
                                                        2/2




                      ‘Rules of 2019’).

                                  4. In view of the aforesaid, the petitioners are granted

                      liberty to file a complaint under the provisions of the Rules of

                      2019 within 30 days from today. Upon filing of the said

                      complaint, the authority concerned shall pass orders within the

                      time specified in the said Rules of 2019.

                                  5. With the aforesaid observation and direction, the

                      present writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.