Patna High Court
Md Sadique ZafarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is not maintainable; the petitioner must first file a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019.
Summary
Petitioner Md Sadique Zafar filed a writ petition seeking the grant of ACP/MACP, alleging that his representation dated 20‑07‑2024 had not been acted upon. The State of Bihar contended that the grievance fell within the ambit of the Bihar Government Servant Grievance Redressal Rules, 2019, and therefore the petition was premature. The Court examined Rule 2(C) of the Rules, which defines a "complaint" to include matters such as promotion and ACP/MACP, and Rule 3, which prescribes the online filing procedure. The Court held that the petitioner must first lodge a complaint under the Rules within 30 days, after which the concerned authority must decide the matter. Accordingly, the writ petition was disposed of without further adjudication.
Issues considered
- Whether the writ petition seeking grant of ACP/MACP is maintainable when the grievance is covered by the Bihar Government Servant Grievance Redressal Rules, 2019.
Legislation cited
Subjects
- writ petition
- grievance redressal
- ACP
- MACP
- service matters
- Bihar
- High Court
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8247 of 2025
======================================================
Md Sadique Zafar Late Md. Israil Resident of Alam Gang, Peer Waise Lane,
P.O.- Guljarbagh, P.S.- Alamganj, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Transport,
Govt. of Bihar, Patna.
2. The Transport Commissioner, Government of Bihar, Patna.
3. The Deputy Secretary Finance Department, Govt. of Bihar, Patna.
4. The District Transport Officer, Lakhisarai.
5. The District Provident Fund Officer, Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan, Advocate
For the Respondent/s : Mr.Standing Counsel (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 21-04-2026 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. In
this regard, the petitioner has filed a representation dated
20.07.2024, as contained in Annexure P/5 to the writ petition.
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’).
Patna High Court CWJC No.8247 of 2025(2) dt.21-04-2026
2/3
4. In light of the submissions made by the parties and
upon perusal of the said Rule, it transpires to this Court under
Rule 2(C) of the Rule of 2019 the word ‘complaint’ has been
defined as follows :-
(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 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.
and procedure for filing complaint has also been
prescribed under Rule 3 of the said Rule of 2019 as under :
3. Procedure for filing a complaint: Procedure for
registering complaints related 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
Patna High Court CWJC No.8247 of 2025(2) dt.21-04-2026
3/3
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 background, the petitioners are 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.
6. With the aforesaid observation and direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
U
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