Patna High Court
Rajesh Kumar KsheatryversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court ordered the Director General of Police to consider the petitioners' representation and pass an order within 90 days, thereby directing the creation/promotion as per the Act.
Summary
The petitioners, three officers of the Bihar Special Armed Police, filed a writ petition seeking a mandamus directing the State to create the post of Literate Additional Sub‑Inspector and to promote them to Assistant Sub‑Inspector based on departmental memos. Their representation had been recommended by the Commandant but no decision was taken, and the State argued the matter was pending due to constraints. The Court noted that the Bihar Special Armed Police Act, 2021, particularly Section 4(2), vests the Director General of Police with responsibility for implementing the Act and framing the necessary rules. Accordingly, the Court directed the Director General to consider the petitioners' representation and pass an order within 90 days, ensuring that the rules are framed if not already in place. The interlocutory application was withdrawn, and the writ petition was disposed of after the direction was issued.
Issues considered
- What legal duty, if any, does the Director General of Police have under the Bihar Special Armed Police Act, 2021 to create the post of Literate Additional Sub‑Inspector and promote the petitioners?
- Whether the respondents are liable to issue a mandamus directing the creation of the post and promotion of the petitioners.
Subjects
- writ petition
- mandamus
- promotion
- Bihar Special Armed Police
- Section 4(2)
- administrative law
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7839 of 2025
======================================================
1. Rajesh Kumar Ksheatry Son of Jivalal Ksheatry, Resident of Ksheatry
Niwas, Gorkha Police Colony, P.O.-Sahay Nagar, Dhanaut Mahuabagh,
Dist-Patna, Bihar-801506.
2. Sanjeev Kumar Pradhan, Son of Late Prem Bahadur Pradhan, Resident of
Sarojni Palli, Prakash Nagar, P.O.-Salugara, P.S.-Bhakti Nagar, Dist-
Jalpaiguri, West Bangal-734008.
3. Vikash Kumar Ksheatry, son of Naresh Ksheatry, Resident of BSAP-1, P.S.-
Hawaiadda, Dist-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Home Department, Govt. of
Bihar, Patna.
2. The Director General of Bihar Military Armed Police (DGP, BSAP), Bihar,
Patna.
3. The Inspector General of Police, BSAP, Bihar, Patna.
4. The Superintendent of Police, BSAP, Patna.
5. The Deputy General of Police, BSAP, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate
For the Respondent/s : Mr. Raj Kumar Singh, GA-10
Mr.Jitendra Kumar, AC to GA-10
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
Re: IA No. 01 of 2025
2. Learned counsel for the petitioners seeks
permission to withdraw the present interlocutory application,
i.e., IA No. 01 of 2025.
3. Permission, as prayed for, is granted.
Patna High Court CWJC No.7839 of 2025(2) dt.09-04-2026
2/5
4. Accordingly, I.A. No. 01 of 2025 stands dismissed
as withdrawn.
Re: CWJC No. 7839 of 2025
5. The present writ petition has been filed for the
following reliefs:-
I. For the issuance of appropriate
writ/s, order/s, or direction/s in the nature of
Mandamus commanding the concerned
respondents to ensure the creation/allocation
of post Literate Additional-Sub-Inspector
(A.S.I) under Battalion-1 of Bihar Special
Armed Police (formerly Bihar Military
Police) in light to the Memo no. 780/ सै ०पु ०
dated 26.04.2011 (i.e. proposal made to the
Government) issued under the signature of
assistant of the Inspector General of Police,
BSAP, Bihar.
II. For the issuance of an
appropriate writ/s, order/s, or direction/s in
the nature of Mandamus commanding the
concerned respondents to promote the
petitioners to the post of Literate Assistant
Sub-Inspector (A.S.I.), in compliance of the
departmental seniority list published vide
Memo no. 1553/ से ० पु ० dated 05.09.2011
issued under the signature of assistant of the
Inspector General of Police, BSAP, Bihar as
the petitioners fulfill all the eligibility sought
Patna High Court CWJC No.7839 of 2025(2) dt.09-04-2026
3/5
for the said promotion.
III. For the issuance of an
appropriate writ in the nature of Mandamus
commanding the concerned respondents to
grant the promotional benefits to the
petitioners equivalent to the Assistant Sub-
Inspector under BSAP-1.
IV. For any relief/s for which the
petitioner is in entitled and as Your Lordship
may deem fit and proper in the facts and
circumstances of the case.
6. Learned counsel for the petitioners submits that the
petitioners’ name has been recommended by their Commandant
before the D.I.G., Bihar Special Armed Police, Patna, vide
Annexure- P/8 (i) (ii) but no decision has been taken.
7. Learned counsel for the State submits that, vide
Annexure-R/B, the representation of the petitioners has been
received, and the Commandant has recommended the matter
before the D.I.G., Bihar Special Armed Police, Patna, on
18.10.2023, and the matter is pending due to constraints.
8. It transpires to this Court that the Bihar Special
Armed Police Act, 2021 (Act No. 03 of 2021) [hereinafter
referred to as ‘Act of 2021’] has been notified, according to
which rules are to be framed by the Director General of Bihar
Patna High Court CWJC No.7839 of 2025(2) dt.09-04-2026
4/5
Military Armed Police, and under Section 4(2) of the Act of
2021, the Director General of Police has been made responsible
for the implementation of the said Act.
9. It is, therefore, directed to the Director General of
Police, Bihar, who is the head of the Bihar Military Armed
Police under Section 4(2) of the Act of 2021, to consider and
dispose of the representation of the petitioners and to pass an
order within 90 days in accordance with the Rules framed under
the Bihar Special Armed Police Act, 2021.
10. It is made clear that if the Rules are not available,
the authority shall ensure framing of the Rules and shall pass
order with regard to the promotion of the petitioners in
accordance with the Rules.
11. In the present writ petition, respondent No. 2 is the
Director General of Bihar Military Armed Police (DGP, BSAP),
Bihar, Patna, and under Section 4(2) of the Act of 2021, the
Director General of Police, Bihar has been held responsible for
putting the law into force. Therefore, there is no need for adding
the Director General of Police separately, as under the law, the
Director General of Bihar Military Armed Police, Bihar, Patna,
and the Director General of Police, Bihar shall be treated as one
and the same person in accordance with Section 4(2) of the Act
Patna High Court CWJC No.7839 of 2025(2) dt.09-04-2026
5/5
of 2021, till the appointment of the Director General of Police,
Bihar Military Armed Police.
12. Accordingly, the present writ petition stand
disposed off.
(Dr. Anshuman, J.)
Aman Kumar/-
U
Checking your session…