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Patna High Court

Braj Kishore Narayan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioners' grievance is governed by the Bihar Government Servant Grievance Redressal Rules, 2019 and must be pursued through that mechanism, not via a writ petition.

Summary

A group of petitioners filed a writ petition seeking the grant of ACP/MACP, alleging that their grievance was not being addressed. The State of Bihar contended that the matter was covered by the Bihar Government Servant Grievance Redressal Rules, 2019, and raised a preliminary objection. The Court examined the definition of "complaint" under Rule 2(C) of the Rules and the filing procedure under Rule 3, noting that the petitioners' request fell within the scope of those rules. The Court directed the petitioners to lodge a complaint under the Rules within 30 days and to await the authority's order. Consequently, the writ petition was disposed of without granting the relief sought.

Issues considered

  • Whether the petitioners' demand for ACP/MACP can be entertained through a writ petition or must be pursued under the Bihar Government Servant Grievance Redressal Rules, 2019

Legislation cited

Subjects

  • writ petition
  • grievance redressal
  • service matters
  • ACP
  • MACP
  • Bihar
  • administrative law
  • complaint procedure

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6618 of 2025
     ======================================================
1.    Braj Kishore Narayan Singh Son of Sri Naresh Singh, resident of Magistrate
      Colony, Road No.5, House No.A/97, Asiana, P.S. Rajeev Nagar, District-
      Patna.
2.   Harendra Kumar Dubey, Son of Late Ramayan Dubey, resident of Village-
     Santy, P.S.-Raghunathpur, District- Siwan.
3.   Dev Saran Raut, Son of Ram Kal Raut, resident of Village- Nagwas, P.S.
     Ader, District- Madhubani.
4.   Tula Nand Das, Son of Late Umakant Lal Das, resident of Village Sherpur,
     P.S.-Tardih, District- Darbhanga.
5.   Surendra Mahtoo, Son of Smriti Shesha Ram Sevak Mahtoo, resident of
     Village-Lattipur, P.S.- Bathanaha, District- Sitamarhi.
6.   Shyam Sundar Singh, Son of Late Ram Balak Singh, resident of village-
     Karjan, P.S.-Athamalgola, District- Patna.
7.   Baleshwar Chaudhary @ Baleshwar Kumar Chaudhary, Son of Late Rajdev
     Chaudhary, resident of Village- Jatamalpur Veera, P.S.- Kalyanpur, District-
     Samastipur.
8.   Savitri Kumari, Wife of Sri Arjun Prasad Sinha, resident of Village- Dihalu-
     Bigaha, P.S.- Rahjgir, District- Nalanda.
9.   Manju Kumari, Wife of Nirmal Kumar, resident of 4-M-36 Bahadurpur
     Housing Colony, P.S.- Bahadurpur, District- Patna.
10. Ashok Kumar, Son of Late Bangali Singh, resident of Village- Tarpar
    Sirnauwa, P.S.-Harnaut, District- Nalanda.
11. Ashok Kumar Mishra, Son of Umakant Mishra, resident of Village Salaha,
    P.S.-Govindganj, District- East Champaran.
12. Mithilesh Kumar Singh, Son of Late Damodar Singh, resident of Samas
    Bujurg, P.S.-Barbigha, District- Sheikhpura.
13. Ramjee Rai @ Ramjee Roy, Son of Late Jawala Roy, resident of Village
    Barahi, P.S. Sahar, District- Bhojpur.
14. Suresh Singh, Son of Chandrama Singh, resident of East Jantayee Pokhara,
    OM Nagar, District- Saran.
15. Mritunjay Kumar, Son of Late Kanhyia Lal, resident of Village Kanaiyalal,
    P.S.-Sasaram, District- Rohtas.
16. Nand Kishore Singh, Son of Lede Jay Neoraryen Singh, resident of Village-
    Basantpur, P.S.- Basantpur, District- Bhojpur.
17. Md. Mokeemuddin, Son of Late Md. Moinuddin, aged resident of Village-
    Mahalpur, P.S.-Mahalpur, District- Nalanda.
18. Shambhu Nath Singh, Son of Late Jagdish Singh, resident of Mohalla-
    Kaliket Nagar, P.S.- Danapur, District- Patna.
19. Pramod Bihari Prasad, Son of Late Chandra Dev Prasad, resident of
    Mohalla- Sab Chandra Niwas Hanuman Nagar, P.S. Patrakar Nagar,
    Kankarbagh, District- Patna.
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  20. Suresh Chandra Prasad, Son of Late Gokhul Mahatoo, resident of Mohalla-
      K.P. Tower Phase-01 Flat No.E-23, Rani Pokhar Kumhrar Chauk, P.S.-
      Bokaro Steel City, District- Bokaro, Jharkhand.
  21. Ram Prakash Jha, Son of Ram Bilash Jha, resident of Mohalla- R.K. Puram
      Gali No.2, P.S.- Muzaffarpur Town, District- Muzaffarpur.
  22. Arun Kumar Sandilya, Son of Late Shatrudhan Singh, resident of Shahapur,
      P.S.-Shahapur, District- Patna.
  23. Nupur Prasad, Wife of Late Krishna Prasad, resident of Flat No. G/1
      Gangotri E Block Kadama, P.S.- Kadama, District- Jamshedpur, Jharkhand.
  24. Kumar Pankaj, Son of Kumar Awadhesh, resident of Village- Khariaha, P.S.-
      Akabarnagar, District- Bhagalpur.
  25. Dinesh Prasad Singh, Son of Late Rameshwar Prasad Singh, resident of
      Professor Colony Rambag, Wisdom Canvant Road, P.S. Purnea Sadar,
      District- Purnea.
  26. Suresh Prasad, Son of Sri Jagan Mahatoo, resident of Mohalla- Raj Kumar
      Nagar, P.S.- Vishnupad, District- Gaya.
  27. Kamlesh Kumar, Son of Late Bansidhari Singh, resident of Road No.5 Patel
      Nagar, P.S.- Shastri Nagar, District- Patna.
  28. Yugal Kishor Jha, Son of Lade Maheshurun-Tha, resident of Village- Sarath,
      P.S.- Sarath, District- Deoghar, Jharkhand.
  29. Mridula Kumari, Wife of Awadhesh Prasad Singh, resident of Mohalla- B.B.
      Ganj Yehiapur. P.S.- Muzaffarpur, District- Muzaffarpur.
  30. Krishana Kumar Singh, Son of Late Basudev Singh, resident of Durga
      Apartment, Flat No. 103, Mahesh Nagar, P.S.- Patliputra, District- Patna.
  31. Arun Kumar, Son of Late Ram Lal Ram, resident of Village Bagar, P.S.-
      Sikarhatta, District- Bhojpur.
  32. Alok Kumar Sinha, Son of Late Rajdev Prasad, resident of Rama Nand Path,
      New Bal Bhadrapur, P.S.- Laheriasarai, District- Darbhanga.

                                                                     ... ... Petitioner/s
                                             Versus

  1.    The State of Bihar through Additional Chief Secretary, Education
        Department, New Secretariat, Patna.
  2.    Director Primary Education, Education Department, New Secretariat, Patna.
  3.    Dr. S. Siddharth, Additional Chief Secretary, Educatioin Department, New
        Secretariat, Patna.
  4.    Smt. Urmila Kumari, Deputy Director (Establishment), Education
        Department, New Secretariat, Patna.
  5.    Accountant General Bihar, Veer Chand Patel Path, Patna.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       For the Petitioner/s     :       Mr.Pratap Sharma, Advocate
Patna High Court CWJC No.6618 of 2025 dt.21-04-2026
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       For the State          :         Mr. Sarvesh Kumar, Advocate
       For Accountant General :         Mrs. Ritika Rani, Advocate

       ======================================================
       CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                           ORAL JUDGMENT
         Date : 21-04-2026
                   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 ACP/MACP. In

         this regard, the petitioners have filed a representation dated

         10.02.2025 contained in Annexure P/8 to the writ petition.

                     5. Learned counsel for the State has raised a

         preliminary objection and submits that the grievance of the

         petitioner is well covered under the Bihar Government Servant

         Grievance Redressal Rules, 2019 (hereinafter referred to as the

         ‘Rules of 2019’).

                     6. In light of the submissions made by the parties and

         upon perusal of the said Rule, it transpires to this Court under

         Rule 2(C) of the Rule of 2019 the word ‘complaint’ has been

         defined as follows :-

                       (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)
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                       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
                              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.

                     and procedure for filing complaint has also been

          prescribed under Rule 3 of the said Rule of 2019 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 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.


                     7. In this background, the petitioners are granted
             Patna High Court CWJC No.6618 of 2025 dt.21-04-2026
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                      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.

                                  8. It is needless to state that the petitioners shall be

                      afforded an opportunity of hearing in light of the statement

                      made in the counter affidavit filed on behalf of respondent no. 2.

                                  9. With the aforesaid observation and direction, the

                      present writ petition stands disposed off.


                                                  (Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          21.04.2026
Transmission Date       NA


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