Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed; the petitioner must pursue his promotion grievance through the Bihar Government Servant Grievance Redressal Rules, 2019.
Summary
The petitioner, Subodh Kumar, filed a writ petition seeking a direction for an ad hoc promotion to Assistant Sub-Inspector of Police, citing a 2002 government letter that granted similar promotions to his juniors. The State of Bihar contended that the Bihar Government Servant Grievance Redressal Rules, 2019 provide the exclusive remedy for such service matters, including promotion. The Court examined the definition of "complaint" under Rule 2(c) of the Rules and the prescribed procedure under Rule 3, noting that promotion grievances must be pursued through the grievance redressal mechanism and not via a writ. Consequently, the Court directed the petitioner to file a complaint under the Rules within 30 days and ordered the concerned authority to decide the matter within the stipulated time frame. The writ petition was therefore disposed of.
Issues considered
- Whether a writ petition is the appropriate remedy for seeking an ad hoc promotion in the police service.
- Whether the Bihar Government Servant Grievance Redressal Rules, 2019, bar the filing of a writ petition for promotion matters.
- Whether the petitioner must first exhaust the grievance redressal mechanism before approaching the court.
Legislation cited
Subjects
- promotion
- police service
- writ petition
- grievance redressal
- administrative law
- Bihar
- service matters
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5977 of 2026
======================================================
Subodh Kumar Son of Late Tetar Das @ Late Tetar Prasad, Resident of
village- Chak Fatma, P.O.- Baijani, P.S.- Jagdishpur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. Director General of Police, Bihar, Patna.
3. D.I.G. of Police, Personnel, Bihar, Patna.
4. D.I.G. of Police, Munger Range, Munger.
5. Superintendent of Police, Munger.
6. S.P., Sheohar.
7. S.D.P.O.-cum Enquiry Officer, Sheohar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Hriday Prasad, Advocate
For the Respondent/s : Mr. Standing Counsel (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 21-04-2026
Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed for issuance of a direction to
the respondent-authorities to consider the case of the petitioner for
grant of ad hoc promotion on the post of Assistant Sub-Inspector
of Police in the light of direction of Government of Bihar,
contained in letter dated 11.09.2002 (Annexure-P/7), issued by
Personnel and Administrative Reforms Department, Bihar, Patna,
as several juniors to the petitioner have been granted promotion on
the post of ASI of Police and for grant of all consequential
Patna High Court CWJC No.5977 of 2026 dt.21-04-2026
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benefits.
3. Learned counsel for the State raised preliminary
objection and submits that the Government of Bihar through
General Administration Department has framed a rule namely
Bihar Government Servant Grievance Redressal Rules, 2019
(hereinafter referred to as ‘Rules of 2019’) to deal such type of
situations and petitioner has liberty to avail his remedy by filing
complaint before the concerned authority.
4. Upon perusal of the said Rules of 2019, it transpires
to this Court that under Rule 2(c) of the Rules of 2019, the word
‘complaint’ has been defined, which reads as under:-
“(c) 'Complaint' refers to all matters relating to
the service and service benefits of serving and
retired personnel of State Government as - (1)
related to appointment (2) Service confirmation
related (3) related to salary payment and
increment (4) Promotion, A.C.P., M.A.C.P.
related (5) priority/preference assessment
related (6) related to the approval of leaves
other than casual leave (7) related to salary
during leave (8) related to approval and
payment of allowances (9) Medical
reimbursements (10) related to payment of
retirement benefits such as pension, gratuity,
group insurance, encashment of the unavailed
leaves and payment of General Provident Fund.
However, if any of the above related
Patna High Court CWJC No.5977 of 2026 dt.21-04-2026
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matter is under any Court's
consideration then it will not be
considered as a complaint under this
system.
But further, matters relating to
disciplinary & departmental action, and
transfer / posting / deputation will not be
included as complaints under this. Any
case, under the Right to Information Act,
2005 will also not be considered as a
complaint under this system.”
4.1. And the procedure for filing a complaint has also
been prescribed under Rule 3 of the Rules of 2019, which reads
as under:-
“3. Procedure for filing a complaint- Procedure
for registering complaints related to service
matters and retirement benefits will be as
follows -
(a) Any employee of the Bihar State
Government, serving or retired, of any
group can file any complaint related to
their service matters and/or retirement
benefits, through online mode. In the
event of death of a Government
Personnel, complaint can be lodged by
his/her dependent, The applicant will
have to mention the details of the office /
officer, his/her complaint is related to.
Other relevant details will also have to be
Patna High Court CWJC No.5977 of 2026 dt.21-04-2026
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provided in the online application.
(b) In one application, complaint related
to only one subject can be filed. Since no
fee is required for registering a
complaint, therefore, if a complainant
wants relief in more than one subject then
he/she has to register a separate
application for it. In spite of this, if in the
same application relief on more than one
subject is being sought for, then in that
case, the first issue mentioned in the
complaint application will be considered
as the complaint and further action will
be taken on the same.”
5. In this view of the matter, it is hereby directed to
the petitioner to avail his remedy by way of filing a complaint
under Rules of 2019 before the concerned authority, within 30
days from today. The concerned authority is directed to decide
this matter according to the time frame specified in the said
Rules of 2019 itself.
6. With the aforesaid direction, this writ petition
stands disposed off.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.04.2026
Transmission Date
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