Kumari Champa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5300 of 2026 ====================================================== Kumari Champa Wife of Late Binay Kumar Singh, Resident of MohallaBihar Police Radio, Bailey Road, Hanuman Mandir, P.S.- Shastrinagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar, Patna.

2.

Director General of Police, Bihar, Patna.

3.

The Additional Director General of Police, Railway, Bihar, Patna. 4.

The Inspector General of Police, Railway, Bihar, Patna. 5.

The Deputy Inspector General of Police, Railway, Patna, Bihar. 6.

The Superintendent of Police, Railway, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikas Kumar Jha, Advocate For the Respondent/s :

Mr. Standing Counsel (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:- "(A). A writ in the nature of Certiorari or any other appropriate writ/s, order/s, direction, quashing the followingI. The impugned order dated 19.08.2025 passed by the Service Grievance Redressal Officer, Department of Home, whereby the lawful and legitimate claim of the

2/4 petitioner has been arbitrarily, illegally and mechanically rejected without proper appreciation of facts and settled principles of law, rendering the said order unsustainable in the eyes of law.

(Annexure-P/3) II. The order dated 30.01.2026 passed by the DIG, Railway, Patna, Bihar, whereby the benefit of the first MACP granted to the petitioner with effect from 26.09.2017 has been cancelled on the ground that the service was not found to be satisfactory. (AnnexureP/4) (B). A writ in the nature of MANDAMUS or other appropriate writ/s, order/s, direction/s commanding the Respondents for the following:

I. To direct the Respondent to grant exemption to the Petitioner from passing the Department Examination, in view of the fact that the Petitioner has already attained the age of 50 years, in accordance with the applicable service rules, circulars, and settled legal position governing such exemption; and further to declare and treat the service of the Petitioner as satisfactory for all

3/4 consequential purposes.

II. To direct the respondent authorities to grant and pay the benefit of the First Modified Assured Career Progression (MACP) to the petitioner, to which the petitioner is entitled with effect from 26.09.2017.

III. To Direct the respondent authorities to consider and grant the lawful service benefits/claim of the petitioner in accordance with applicable rules and government circulars.

(C). To any other relief/s which the Petitioner is found entitled to."

3. Learned counsel for the State raised preliminary objection and submits that in the impugned order dated 19.08.2025, it has been mentioned that a reasoned order has been passed on 12.08.2025, which the petitioner has not challenged. He further submits that the order which has been challenged here has been passed under Bihar Government Servant Grievance Redressal Rules, 2019, under which, there is a provision of appeal under Rule 8.

4. In this background, learned counsel for the petitioner seeks permission to withdraw this writ petition with

4/4 liberty to avail the remedy of appeal under Rule 8 of the Bihar Government Servant Grievance Redressal Rules, 2019.

5. Permission, as prayed for, is granted. The delay, if any, in filing the appeal is hereby directed to be condoned.

6. Accordingly, this writ petition stands dismissed as withdrawn with aforesaid liberty.

(Dr. Anshuman, J) Divyansh/- U