Patna High Court
Moti LalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner's representation was insufficient and ordered him to file a detailed representation before the Principal Secretary.
Summary
The petitioner, Moti Lal, a prison employee, filed a writ petition seeking promotion after completing his punishment, alleging that his demand for promotion was made post‑punishment. He submitted a representation (Annexure‑P/14 series) but the State argued that the representation was brief and the petition listed nine detailed reliefs. The Court observed that the prayer for mandamus could not be entertained because the representation filed was insufficient. Accordingly, the Court directed the petitioner to file a detailed representation of all grievances before the Principal Secretary, Department of Home (Prison), within 30 days, and the respondent to issue a reasoned order within 90 days. The writ petition was thereafter disposed.
Issues considered
- Whether the petitioner is entitled to promotion after the completion of his punishment.
- Whether the representation filed by the petitioner is sufficient to justify the issuance of a mandamus.
Subjects
- promotion
- prison service
- writ petition
- mandamus
- representation
- disciplinary action
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6143 of 2026
======================================================
Moti Lal Son of Late Baijnath Prasad, Resident of Wad No. 11, Bhabhua,
Police Station-Bhabhua, District- Kaimur at Bhabhua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home
(Prison), Govt. Of Bihar, Patna.
2. The Inspector General, Prisons and Correctional Services, Bihar, Patna.
3. The Joint Secretary-cum-Director (Prison), Prisons and Correctional
Services, Bihar, Patna.
4. The Departmental Inquiry Commissioner, Bihar, Patna.
5. The District Magistrate, Nalanda, Bihar.
6. The Chief Inquiry Commissioner, GAD, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate
Ms. Diksha Singh, Advocate
For the State : Mr. S. Raza Ahmad (AAG-5)
Mr. Vishwambhar Prasad, (AC to AAG-5)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-04-2026 Heard learned Senior counsel for the petitioner and
learned counsel for the State.
2. Learned Senior counsel for the petitioner submits
that the basic relief for demand of promotion has been made
after end of his punishment. Senior counsel submits that the
petitioner has filed representation vide Annexure-P/14 series.
3. Learned counsel for the State submits that the
petitioner has filed a brief representation, whereas, in the
present writ petition, he has demanded detailed reliefs which are
nine in numbers.
Patna High Court CWJC No.6143 of 2026(2) dt.23-04-2026
2/2
4. This Court is of the view that prayer for issuance of
mandamus has been sought for, but, in the opinion of the Court,
the said representation filed by the petitioner is not sufficient.
5. As such, in the light of the submissions made, the
petitioner is hereby directed to file a detailed representation
raising all his grievances/reliefs mentioned in the writ petition
before the Principal Secretary, Department of Home (Prison),
Government of Bihar, Patna (Respondent no.1), within 30 days
from today. Upon receipt of the same, the Respondent no.1 is
directed to pass a reasoned and speaking order on the
petitioner's representation, within 90 days thereafter.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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