Patna High Court
Ramashish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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