Patna High Court
Shiv Shankar PoddarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petitioners’ grievance is governed by the Bihar Government Servant Grievance Redressal Rules, 2019 and they must first file a complaint under those rules before any relief can be granted.
Summary
The petitioners, Shiv Shankar Poddar and Radheshyam Poddar, filed a writ petition before the Patna High Court seeking grant of ACP/MACP promotion. They submitted representations dated 7 February 2023 and 18 March 2024. The State contended that the grievance fell within the Bihar Government Servant Grievance Redressal Rules, 2019. The Court examined Rule 2(C) and Rule 3 of those Rules, which define a “complaint” and prescribe the procedure for filing service‑related grievances, including promotion matters, and noted that matters pending before a court are excluded. The Court held that the petitioners must first file a complaint under the grievance redressal mechanism and, accordingly, directed them to do so within 30 days. The writ petition was thereafter disposed.
Issues considered
- Whether the petitioners’ demand for ACP/MACP promotion can be entertained directly by a writ petition
- Whether the grievance is covered under the Bihar Government Servant Grievance Redressal Rules, 2019 and must be pursued through that mechanism
Legislation cited
- Bihar Government Servant Grievance Redressal Rules, 2019 — s. Rule 2(C), Rule 3
- Right to Information Act, 2005
Subjects
- ACP
- MACP
- grievance redressal
- service matters
- writ petition
- Bihar
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9931 of 2026
======================================================
1. Shiv Shankar Poddar Son of Late Ramkishan Poddar, resident of village-
Rashidpur, P.S- Bachwara, District- Begusarai, presently residing at Mohalla
Officers colony, P.S- Katihar, District- Katihar.
2. Radheshyam Poddar, Son of Late Yogendra Poddar, resident of Village -
Mohamadpur Sakra, Tola-Jagannathpur, P.S- Bibhutipur, District-
Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principle Secretary, General Administration
Department, Government of Bihar, Main Secretariat, Patna.
2. District Magistrate, Katihar.
3. Deputy Collector/Establishment, Collectorate of Katihar.
4. District Panchayati Raj Officer, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Kishore Singh, Advocate
For the State : Mr. Anant Prasad Singh, SC-15
Mrs. Deepika Sharma, AC to Sc-15
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 09-07-2026
Heard learned counsel appearing for the petitioners
and learned counsel appearing for the State.
2. Learned counsel for the petitioners submits that the
present writ petition has been filed for grant of ACP/MACP. In
this regard, the petitioners have filed representations dated
07.02.2023 and 18.03.2024, as contained in Annexures P/12 and
P12/A respectively to the writ petition.
3. Learned counsel for the State has raised a
Patna High Court CWJC No.9931 of 2026 dt.09-07-2026
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preliminary objection and submits that the grievance of the
petitioners is well covered under the Bihar Government Servant
Grievance Redressal Rules, 2019 (hereinafter referred to as the
‘Rules of 2019’).
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
Patna High Court CWJC No.9931 of 2026 dt.09-07-2026
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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.
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/-
AFR/NAFR
CAV DATE NA
Uploading Date 13/07/2026
Transmission Date NA
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