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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                         4/4




                                                   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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