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Patna High Court

Surendra Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable; the petitioner must first seek redress under the Bihar Government Servant Grievance Redressal Rules, 2019.

Summary

The petitioner, Surendra Prasad Singh, filed a writ petition seeking the grant of ACP/MACP against the State of Bihar and its officials. The State raised a preliminary objection, contending that the petitioner’s grievance is covered by the Bihar Government Servant Grievance Redressal Rules, 2019. The Court held that the petitioner must first pursue the remedy provided under those Rules. Accordingly, the Court directed the petitioner to file a complaint under the Rules within 30 days and to await the authority’s order. After giving this direction, the Court disposed of the writ petition.

Issues considered

  • Whether the writ petition is maintainable when the grievance is covered by the Bihar Government Servant Grievance Redressal Rules, 2019
  • Whether the Court can direct the petitioner to file a complaint under the Rules before entertaining the writ

Subjects

  • writ jurisdiction
  • service grievance
  • Bihar Government Servant Grievance Redressal Rules, 2019
  • administrative law
  • ACP/MACP

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7647 of 2025
                 ======================================================
                 Surendra Prasad Singh Son of Late Ramjee Prasad Resident of Village and
                 Post- Kaithi, Police Station- Kachhwan (Nasriganj), District- Rohtas, Pin
                 Code- 821309.

                                                                         ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Director of Agriculture, Krishi Bhawan,
                 Mithapur, Bihar, Patna.
           2.    The District Agriculture Officer, Gaya.
           3.    The Principal Secretary, Finance Department, Government of Bihar, Main
                 Secretariat, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Birendra Kumar, Advocate
                 For the Respondent/s   :      Mr. Md. Irshad, AC to SC-1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel appearing for the petitioner

                   and learned counsel appearing for the State.

                               2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed for grant of ACP/MACP.

                               3. 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’).

                               4. 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
            Patna High Court CWJC No.7647 of 2025(2) dt.07-04-2026
                                                        2/2




                      complaint, the authority concerned shall pass orders within the

                      time specified in the said Rules of 2019.

                                  5. With the aforesaid observation and direction, the

                      present writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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