Patna High Court
Upendra SafiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner’s grievance is covered by the Bihar Government Servant Grievance Redressal Rules, 2019, and therefore the writ petition was disposed after directing filing of a complaint under those rules.
Summary
The petitioner, Upendra Safi, filed a writ petition seeking a third MACP and initially made an inadvertent mistake in the prayer portion of a prior petition, which the court allowed him to correct. The State of Bihar objected, contending that the petitioner’s grievance fell within the ambit of the Bihar Government Servant Grievance Redressal Rules, 2019. The court examined whether the writ petition was maintainable given the existence of the grievance redressal mechanism. It held that the grievance is indeed covered by the Rules of 2019 and therefore directed the petitioner to file a complaint under those rules within 30 days. Upon filing, the appropriate authority must decide the matter within the time prescribed by the Rules, and the writ petition was consequently disposed.
Issues considered
- Is the petitioner’s grievance maintainable before the High Court or is it covered by the Bihar Government Servant Grievance Redressal Rules, 2019?
- Can the Court direct the petitioner to pursue the grievance through the statutory grievance redressal mechanism before entertaining the writ petition?
Subjects
- writ petition
- grievance redressal
- Bihar Government Servant Grievance Redressal Rules, 2019
- administrative law
- MACP
- preliminary objection
- court direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7420 of 2025
======================================================
Upendra Safi Son of Late Ramji Safi, Resident of Village- Pandaul, P.S. -
Pandaul, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar.
2. The Additional Chief Secretary, Road Construction Department, Bihar,
Patna.
3. The Deputy Secretary (Management Cell), Road Construction Department,
Bihar, Patna.
4. The Accountant General (A and E), Bihar, Veer Chand Patel Path, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhu Nath Pathak, Advocate
For the Respondent/s : Mrs. Shally Kumari, AC to SC-24
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-03-2026 Initially, learned counsel for the petitioner submits
that due to inadvertent mistake in the prayer portion of the writ
petition demand of second MACP has been made. As such, he
seeks permission to correct the same.
2. Permission is granted.
3. He is directed to make necessary correction in
course of the day.
4. Heard learned counsel appearing for the petitioner
and learned counsel appearing for the State.
5. Learned counsel for the petitioner submits that the
present writ petition has been filed for grant of 3rd MACP.
Patna High Court CWJC No.7420 of 2025(2) dt.30-03-2026
2/2
6. 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’).
7. In view of the aforesaid, the petitioner is granted
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. With the aforesaid observation and direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
U
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