Patna High Court
Kumari ChampaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
Holding
The Court allowed the withdrawal of the writ petition, permitted the petitioner to pursue an appeal under Rule 8, and dismissed the petition as withdrawn.
Summary
Kumari Champa, widow of a deceased government employee, filed a writ petition in the Patna High Court challenging a 19‑08‑2025 order of the Service Grievance Redressal Officer that rejected her service claim and a 30‑01‑2026 order of the DIG Railway cancelling her First Modified Assured Career Progression (MACP) benefit. She also sought mandamus to exempt her from a departmental examination on account of her age (50) and to restore the MACP benefit. The State argued that a reasoned order dated 12‑08‑2025 had not been challenged and that an appeal under Rule 8 of the Bihar Government Servant Grievance Redressal Rules, 2019, was available. The petitioner requested permission to withdraw the writ and pursue the statutory appeal. The Court granted the withdrawal, condoned any delay in filing the appeal, and dismissed the writ petition as withdrawn.
Issues considered
- Whether the petitioner may withdraw the writ petition and avail the remedy of appeal under Rule 8 of the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the Court should entertain the writ despite the existence of a statutory appeal mechanism.
Subjects
- writ petition
- certiorari
- mandamus
- service grievance
- appeal
- withdrawal
- Bihar
- government servant
- MACP
- age exemption
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5300 of 2026
======================================================
Kumari Champa Wife of Late Binay Kumar Singh, Resident of Mohalla-
Bihar Police Radio, Bailey Road, Hanuman Mandir, P.S.- Shastrinagar,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Home
Department, Government of Bihar, Patna.
2. Director General of Police, Bihar, Patna.
3. The Additional Director General of Police, Railway, Bihar, Patna.
4. The Inspector General of Police, Railway, Bihar, Patna.
5. The Deputy Inspector General of Police, Railway, Patna, Bihar.
6. The Superintendent of Police, Railway, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikas Kumar Jha, Advocate
For the Respondent/s : Mr. Standing Counsel (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“(A). A writ in the nature of Certiorari or any
other appropriate writ/s, order/s, direction,
quashing the following-
I. The impugned order dated
19.08.2025 passed by the Service
Grievance Redressal Officer,
Department of Home, whereby the
lawful and legitimate claim of the
Patna High Court CWJC No.5300 of 2026(2) dt.09-04-2026
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petitioner has been arbitrarily,
illegally and mechanically rejected
without proper appreciation of facts
and settled principles of law,
rendering the said order
unsustainable in the eyes of law.
(Annexure-P/3)
II. The order dated 30.01.2026 passed
by the DIG, Railway, Patna, Bihar,
whereby the benefit of the first MACP
granted to the petitioner with effect
from 26.09.2017 has been cancelled
on the ground that the service was not
found to be satisfactory. (Annexure-
P/4)
(B). A writ in the nature of MANDAMUS or
other appropriate writ/s, order/s, direction/s
commanding the Respondents for the
following:
I. To direct the Respondent to grant
exemption to the Petitioner from
passing the Department Examination,
in view of the fact that the Petitioner
has already attained the age of 50
years, in accordance with the
applicable service rules, circulars,
and settled legal position governing
such exemption; and further to
declare and treat the service of the
Petitioner as satisfactory for all
Patna High Court CWJC No.5300 of 2026(2) dt.09-04-2026
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consequential purposes.
II. To direct the respondent authorities
to grant and pay the benefit of the
First Modified Assured Career
Progression (MACP) to the petitioner,
to which the petitioner is entitled with
effect from 26.09.2017.
III. To Direct the respondent
authorities to consider and grant the
lawful service benefits/claim of the
petitioner in accordance with
applicable rules and government
circulars.
(C). To any other relief/s which the Petitioner
is found entitled to.”
3. Learned counsel for the State raised preliminary
objection and submits that in the impugned order dated
19.08.2025, it has been mentioned that a reasoned order has
been passed on 12.08.2025, which the petitioner has not
challenged. He further submits that the order which has been
challenged here has been passed under Bihar Government
Servant Grievance Redressal Rules, 2019, under which, there is
a provision of appeal under Rule 8.
4. In this background, learned counsel for the
petitioner seeks permission to withdraw this writ petition with
Patna High Court CWJC No.5300 of 2026(2) dt.09-04-2026
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liberty to avail the remedy of appeal under Rule 8 of the Bihar
Government Servant Grievance Redressal Rules, 2019.
5. Permission, as prayed for, is granted. The delay, if
any, in filing the appeal is hereby directed to be condoned.
6. Accordingly, this writ petition stands dismissed as
withdrawn with aforesaid liberty.
(Dr. Anshuman, J)
Divyansh/-
U
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