Patna High Court
Chandeshwar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioner's grievance must be pursued as a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019, and the writ petition is disposed.
Summary
The petitioner, a retired night guard of the Agriculture Department, sought a direction for the grant of 2nd and 3rd ACP and payment of salary arrears for the period he was suspended due to a criminal case, from which he was later acquitted. He argued that his entitlement arose under Rule 97 of the Bihar Service Code and that the Department had not acted on his representation. The State contended that the relief sought falls within the definition of a "complaint" under the Bihar Government Servant Grievance Redressal Rules, 2019, and therefore should be pursued through that mechanism. The Court examined the definition of "complaint" in Rule 2(C) of the Rules and noted that matters pending before a court are excluded, but service‑related grievances like salary and ACP are covered. Consequently, the Court directed the petitioner to file a formal complaint before the appointing authority within 30 days, after which the authority must decide the matter. The writ petition was consequently disposed.
Issues considered
- Whether the petitioner's claim for salary arrears and grant of ACP is a writ matter or a grievance to be addressed under the Bihar Government Servant Grievance Redressal Rules, 2019.
- Whether the petitioner is entitled to the relief under Rule 97 of the Bihar Service Code following his acquittal.
- Whether the court can entertain the writ petition directly or must remit the matter to the grievance redressal mechanism.
Legislation cited
Subjects
- service grievance
- salary arrears
- ACP
- Bihar Service Code
- grievance redressal
- writ petition
- civil writ jurisdiction
- suspension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9179 of 2025
======================================================
Chandeshwar Ram Son of Late Bihari Ram Resident of Village- Bidurti Hata,
P.S.-Muffasil, District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Agriculture
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Agriculture Department, Government of
Bihar, Patna.
3. The Joint Agriculture Director, Saran Division, Saran.
4. The District Agriculture Officer, Siwan.
5. The Sub Divisional Agriculture Officer (General), Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Adv.
Mr.Rajnish Prakash, Adv.
Ms. Kanishk Kaustubh, Adv.
For the Respondent/s : Mr.Government Advocate (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-05-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. The present writ petition has been filed with the
following reliefs:-
i. For issuance of direction to the
respondent authorities to grant 2nd and 3rd ACP to
the petitioner as has been recommended by the
District Agriculture Officer, Siwan vide letter No.
1621 dated 11.11.2019.
ii. The petitioner also prays for payment
of his salary for the period 22.10.2005 to
10.05.2007 during which the petitioner remained
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suspended because of his confinement in
connection with Siwan (Mufassil) P.S Case No.
205/2005 registered for the offences U/s 392 of the
Indian Penal Code wherein he was acquitted vide
judgment dated 12.05.2015 passed by the J.M 1st
Class in Trial No. 671/2015.
iii. For that any other relief/reliefs for
which the petitioner may be deemed entitled to.
3. Learned counsel for the petitioner submits that the
petitioner was appointed as Night Guard in Sub Divisional
Agriculture Officer (General), Siwan on 06.06.1985 and retired
in the month of August, 2023. He further submits that during his
service, he was suspended vide office order No.3 dated
11.11.2005 (annexure-P/1) w.e.f., 22.10.2005 and he was taken
into custody, but subsequently released on 14.03.2007 and
joined office of District Agriculture Officer, Siwan. He further
submits that vide Memo No.15 dated 10.05.2007, his suspension
was revoked.
4. Counsel further submits that for revocation of the
suspension, he had started working in the same office. He
further submits that the petitioner has contested the said
criminal case in which he sent to jail and attached the judgment
of the said criminal case bearing Siwan (Muffasil) P.S. No.205
of 2005 in which vide Trial No.671 of 2015, the judgment of
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acquittal has come on 12.05.2015. He further submits that due
to acquittal, the petitioner becomes entitled for consideration of
his case under Rule 97 of the Bihar Service Code.
5. Counsel further submits that the petitioner is
entitled for grant of ACP and in this regard, he has submitted his
representation demanding arrears of salary and ACP, before the
Joint Agriculture Director, but no decision has been taken.
Thereafter, the petitioner has filed the present writ petition.
6. Learned counsel for the State, on the other hand,
submits that a counter-affidavit has not been filed, but the
grievances of the petitioner are basically for arrears of salary of
the suspension period and grant of ACP and the said demand
comes within the purview of the definition of the complaint as
defined under the Bihar Government Servant Grievance
Redressal Rules, 2019 (hereinafter referred to as the ‘Rules of
2019’).
7. 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.,
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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
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.
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8. In this background, the petitioner is granted liberty
to file a complaint before the Appointing Authority (respondent
No.5) under the provisions of the Rules of 2019 within 30 days
from today. Upon filing of the said complaint, respondent No.5
shall pass order within the time specified in the said Rules of
2019.
9. With the aforesaid observation and direction, the
present writ petition stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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