Patna High Court
Most. Chandrakala DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is not maintainable; the petitioner must first file a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019.
Summary
Petitioner Chandrakala Devi filed a writ petition seeking grant of ACP/MACP, alleging that her grievance was not being addressed. The State of Bihar contended that the grievance fell within the ambit of the Bihar Government Servant Grievance Redressal Rules, 2019, and therefore the petitioner should first file a complaint under those rules. The Court examined the definition of "complaint" under Rule 2(C) and the filing procedure under Rule 3 of the Rules, concluding that the petitioner’s relief must be pursued through the grievance mechanism. Accordingly, the Court granted the petitioner liberty to file a complaint within 30 days and directed the concerned authority to decide the matter per the Rules. The Court also directed that the Full Bench decision in Kamlanand Thakur v. State of Bihar (CWJC No. 18727 of 2017) be considered when the authority passes its final order, and disposed of the writ petition.
Issues considered
- Whether the petitioner can directly approach the High Court for grant of ACP/MACP or must first file a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the writ petition is maintainable in view of the grievance redressal mechanism provided by the Rules.
Legislation cited
Subjects
- writ petition
- grievance redressal
- service benefits
- ACP
- MACP
- Bihar
- administrative law
- Grievance Redressal Rules, 2019
- Right to Information Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8684 of 2025
======================================================
Most. Chandrakala Devi W/o Late Ram Jivan Singh, R/o Vill- Vyaschak, P.O.
and P.S. - Goraul, District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Revenue,
Govt. of Bihar at Patna.
2. The Commissioner, Tirhut Division, Muzaffarpur, Bihar.
3. The District Magistrate, Vaishali at Hajipur.
4. The Circle Officer, Block - Goraul, Dist. - Vaishali at Hajipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Ranjan, Advocate
For the Respondent/s : Mr.Standing Counsel (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 27-04-2026
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 petitioners have filed a representation dated
16.04.2026, as contained in Annexure P/4 to the writ petition.
5. 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
Patna High Court CWJC No.8684 of 2025 dt.27-04-2026
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Grievance Redressal Rules, 2019 (hereinafter referred to as the
‘Rules of 2019’).
6. 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
Patna High Court CWJC No.8684 of 2025 dt.27-04-2026
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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
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.
7. In this background, the petitioner is granted liberty
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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. It is made clear that if the petitioner seeks to rely
upon the Full Bench decision rendered in Kamlanand Thakur
vs. State of Bihar & Ors. in CWJC No. 18727 of 2017, the
authority concerned shall, at the time of passing the final order,
duly consider the said Full Bench judgment.
9. With the aforesaid observation and direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 28.04.2026
Transmission Date NA
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