Patna High Court
Birendra MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petition cannot be entertained until the petitioner files a representation before the competent authority, and therefore disposed of the petition.
Summary
The petitioner, a Company Commander in the Bihar Home Guard, filed a writ petition seeking a mandamus directing the State to promote him to the post of Inspector, claiming he had completed the requisite service period and was entitled to the promotion with consequential benefits. He also requested back wages at 14% per annum from the date he became eligible. The State raised a preliminary objection, stating that the petition lacked any prior representation by the petitioner and that a departmental proceeding was pending against him. The Court, without delving into the merits, directed the petitioner to first file his representation before the competent authority and only thereafter approach the court. Accordingly, the writ petition was disposed of.
Issues considered
- Whether the petitioner is entitled to promotion to Inspector in the Bihar Home Guard.
- Whether a writ of mandamus can be issued in the absence of a prior representation by the petitioner.
- Whether the pending departmental proceeding affects the petitioner's right to seek judicial relief.
Subjects
- promotion
- home guard
- writ of mandamus
- administrative law
- representation
- departmental proceeding
- Bihar Public Service Commission
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7956 of 2025
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Birendra Mahto Son of Late Chote Lal Mahto, Resident of village- Laxmipur
Lal Chan, P.O.- Chaytola, P.S.- Bihariganj, District- Madhepura, At present
Company Commander in the office of District Commandant of Bihar Home
Guarad, Bagaha.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home,
Bihar Patna.
2. The Principal Secretary, Department of Home, Govt. of Bihar Sardar Patel
Bhawan, Jawaharlal Neharu Road, Patna- 23.
3. The Secretary, through the State of Bihar Home Department Bihar-Cum-
Chairman, Promotional Screening Committee, Bihar.
4. The Addl. Secretary, Department of Home (Special Branch), Govt. of Bihar,
Sardar Patel Bhawan, Jawaharlal Neharu Road, Patna- 23.
5. The Joint Secretary, Department of Home (Special Branch), Govt. of Bihar,
Sardar Patel Bhawan, Jawaharlal Neharu Road, Patna- 23.
6. The Deputy Secretary, Department of Home (Special Branch), Govt. of
Bihar, Sardar Patel Bhawan, Jawaharlal Neharu Road, Patna- 23.
7. The Section Officer, L. Section, Department of Home (Special Branch),
Govt. of Bihar, Sardar Patel Bhawan, Jawaharlal Neharu Road, Patna- 23.
8. The Chairman, Bihar Public Service Commission, Jawaharlal Nehru Road,
Patna- 23.
9. The Accountant General, Birchand Patel Patha (R.Block), Patna.
10. The Principal Secretary, General Administration Department, Government
of Bihar, Old Secretary, Patna.
11. The Principal Secretary, Finance Department, Government of Bihar, Old
Secretary, Patna.
12. The Director-Cum- Commandant General, Bihar Home Guard Police, Head
Office, Chhacjjubagh, Patna.
13. The Inspector General Cum Additional Commandant General, Bihar Home
Guard Police, Head Office, Chhacjjubagh, Patna.
14. The Deputy Commandant General, Bihar Home Guard Police, Head Office,
Chhacjjubagh, Patna.
15. The Commandant- A, Bihar Home Guard Police, Head Office,
Chhacjjubagh, Patna.
16. Sri Manish Kumar, Son of Late Arun Kumar Verma, Resident of Mohalla-
Postal Park, Chiraiyatar, Patna, At present posted as District Commandant,
Bihar Home Guard Office, Bettiah.
17. Sri Aman Kumar Singh, Son of Late Bhim Singh, Resident of village-
Gobrahi Tola, P.O.- Chaiful, P.S.- Daudpur, District- Chapra, at present
Patna High Court CWJC No.7956 of 2025(2) dt.09-04-2026
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posted as District Commandant Headquarter Bihar Home Guard, Patna.
18. Sri Parag Kumar Sinha, Son of Late Shiv Kumar Sinha, Resident of
Mohalla- Mirjanhat, P.O.- Mojahindpur, District- Bhagalpur, At present
posted as Inspector , District Commandent Office, Bihar Home Guard
Banka.
19. Sri Manish Kumar, Son of Late Basudeo Parihar, Resident of village-
Gowagachi, P.O.- Hemkunj, P.S.- Manihari, District- Katihar, At present
posted as Inspector, Bihar Home Guard Office, Purnea.
20. Sri Imranul Haq, Son of Late Baijul Haq, Resident of village- Rasulpur,
P.O.- Dumari, P.S.- Fatuha, District- Patna, At present posted as Inspector,
Bihar Home Guard Office, Nawada.
21. Sri Rajiv Ranjan Prasad, Son of Late Dinesh Prasad Sharma, Resident of
Manju Tent House, Mithapur, P.O.- G.P.O., District- Patna, At present posted
as Company Commander Bihar Home Guard Office, Muzaffarpur.
22. Sri Sunil Das, Son of Late Kashinath Das, Resident of Muhalla- Housing
Colony, House No.- B/132, Kankarbagh, District- Patna At present posted as
Company Commander Bihar Home Guard Office, Vaishali, Sampriti Head
Quarter, Bihar Home Guard Office, Chhajjubagh, Patna.
23. Sri Pranay Kumar Sinha, Son of Late Prem Shankar Sinha, Resident of
Muhalla- Khajurbanna, P.O.- Mahendru P.S.- Sultanjganj, District- Patna
(Bihar), At present posted as Compar.y Commander Head Qurter, Bihar
Home Guard Office, Chhajjubagh, Patna.
24. Shri Abhishek Sinha, Son of Late Ashok Kumar Sinha, Resident of North
Mandiri, District- Patna (Bihar), At present posted as Company Commander,
Bihar Home Guard Office, Jehanabad, Sampriti posted at Head quarter,
Home Guard Office, Chhajubagh, Patna.
25. Sri Sunny Kumar, Son of Late Dinanath Thakur, Resident of Mohalla-
Patthar Ki Maszid, Tekari Road, Patna At present posted as Company
Commander, District Commandant Office, Bihar Home Guard Office,
Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwajeet Pandey, Advocate
For the State : Mr. Dr. Md. Raisul Haque (SC-10)
For the BPSC : Mr. Sanjay Pandey, Advocate
Mr. Nishant Kr. Jha, Advocate
Mr. Prabhakar Pahepuri, Advocate
For the AG : Ms. Ritika Rani, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner, learned
counsel for the State, learned counsel for the Bihar Public
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Service Commission (B.P.S.C) and learned counsel for the
Accountant General, Bihar, Patna.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of writ/writs in the nature of
mandamus commanding the Respondent 1st
set to immediately gave promotion to the
petitioner to the post of Inspector in Home
Guard Bihar since the petitioner is entitled for
this post in all the four corners.
II. For commanding the Respondent 1st set to
immediately gave promotion to the petitioner
since the petitioner is completed the stipulated
time period (Kalawadhi) for his promotion on
the post of Inspector in the Home Guard.
III. For commanding the respondent as to why
the petitioner has not been promoted till date
on the post of Inspector though he is quite
eligible person for the post of Inspector.
IV. For commanding the respondent as to why
genuine grievances of the petitioner has not
been redressed yet though he has represented
himself physically before the authority
concerned and made request for his promotion
on the post of Inspector in the Home Guard,
Bihar.
V. For commanding the Respondent 1st set to
grant promotion to the petitioner from the
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date on which the petitioner became entitled.
VI. For commanding the Respondent 1st set to
pay all the consequential benefit to the
petitioner at the rate of 14% per annum since
the date of due to the date of promotion.”
3. Learned counsel for the State raised preliminary
objection and submits that by virtue of this writ petition, prayer
of writ of mandamus has been sought for, but not a single
representation has been attached. He submits that counter
affidavit has been filed and there is a departmental proceeding
pending against the petitioner.
4. As such, this Court without entering into the merit
or demerit of this case hereby directs the petitioner to first file
his representation before the competent authority, and then
move before this Hon’ble Court.
5. Accordingly, this writ petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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