Patna High Court
Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioners must avail the remedy provided under the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is dismissed.
Summary
Petitioners, two police officers, filed a writ petition seeking an officiating promotion to Sub‑Inspector (Arms) effective 5 Oct 2025, contending that their juniors had already been promoted. The State raised a preliminary objection, invoking the Bihar Government Servant Grievance Redressal Rules, 2019, which provide an administrative remedy for service‑related grievances. The Court examined the definition of "complaint" under Rule 2(c) and the filing procedure under Rule 3 of those Rules, noting that promotion matters fall within the scope of a complaint unless already before a court. The Court directed the petitioners to pursue their grievance by filing a complaint under the Rules within 30 days and ordered the concerned authority to decide it within the prescribed time‑frame. Consequently, the writ petition was disposed of.
Issues considered
- Whether a writ petition for officiating promotion is maintainable when the grievance can be addressed under the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the court can direct the petitioner to file a complaint under the Rules as a prerequisite to adjudicating the promotion claim.
Legislation cited
Subjects
- officiating promotion
- police service
- grievance redressal
- writ petition
- administrative law
- Bihar Government Servant Grievance Redressal Rules, 2019
- service matters
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7242 of 2026
======================================================
1. Rajesh Kumar Singh son of Yugal Kishore Singh, Resident of Mohalla-
Vikash Vihar Colony, Dhanaut, P.S. Rupaspur, District- Patna, Bihar-
800014.
2. Vijay Rai, son of Hridyanand Rai, Resident of Mohalla- Vishnu Nagar, Bank
Colony Near Arrah, P.O.- Anaith, P.S. Arrah, District- Bhojpur (Arrah.)
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Director General of Police, Bihar Special Armed Police, Bihar, Patna.
4. The Inspector General of Police, Bihar Special Armed Police, Bihar, Patna.
5. The D.I.G. of Police, BSAP, Northern Zone, Muzaffarpur.
6. The A.1.G. of Police, BSAP, Bihar, Patna.
7. The Commandant, BSAP-15, Bheem Nagar, Supaul.
8. Company Commander, F Company, BSAP-15, Bheemnagar, Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Hriday Prasad, Advocate
For the State : Mr. Government Advocate (8)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 12-05-2026
Heard learned counsel for the petitioners and learned
counsel for the State.
2. Learned counsel for the petitioners submits that
the present writ petition has been filed for issuance of an
appropriate writ, order or direction to the respondents to
consider the case of the petitioners for granting officiating
Patna High Court CWJC No.7242 of 2026 dt.12-05-2026
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promotion on the post of Sub-Inspector of police (Arms) w.e.f.
05.10.2025 from the date when their juniors were granted
officiating promotion on the post of Sub-Inspector of police
(Arms) and for granting officiating promotion to the
petitioners on the post of Sub-Inspector of police (Arms) from
05.10.2025 and for grant of all consequential 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 petitioners have liberty to avail their 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
Patna High Court CWJC No.7242 of 2026 dt.12-05-2026
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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
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
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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.”
5. In this view of the matter, it is hereby directed to
Patna High Court CWJC No.7242 of 2026 dt.12-05-2026
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the petitioners to avail their 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 13.05.2026
Transmission Date
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