Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7354 of 2026 ====================================================== Subodh Kumar S/o Late Sri Chandrika Prasad, R/o- Andharwari, P.O.- Andharwari, P.S- Rajauli, District- Nawada.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Finance, Bihar, Patna.
2.
The Director General of Police, Bihar, Patna. 3.
The Inspector General of Police (Personnel), Bihar, Patna. 4.
The Inspector General of Police (Budget/Appeal/Welfare), Government of Bihar, Patna.
5.
The Senior Superintendent of Police, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Fakhruddin Ali Ahmad, Advocate For the Respondent/s :
Mr. Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 14-05-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed with the following reliefs:
"(a) To quash the order as contain in letter no. 442 dated 12.09.2025 issued under the signature of Inspector General of Police, (Personnel), Bihar, Patna, so far it relates to the petitioner whereby he has wrongly been found ineligible for grant of third M.A.C.P. on non-est ground.
(b) To direct the respondent to
2/5 grant third M.A.C.P. to the petitioner with effect from date of entitlement, i.e.
04.08.2018.
(c) To direct the respondent to make correction in the date of grant of Second M.A.C.P. with effect from 01.01.2009, instead of 11.11.2011 as similarly situated to the petitioner has been granted Second M.A.C.P. with effect from 01.01.2009.
(d) To direct the respondent to grant the difference in pay scale as a result of refixing the date of Second M.A.C.P. with effect from 01.01.2009 and grant of third M.A.C.P. with effect from 04.08.2018, to the petitioner.
(e) To direct the respondent to dispose of the representation dated 03.07.2025 submitted by the petitioner before the Director General of Police, Bihar, Patna.
(f) To grant any other relief/reliefs to which the petitioner is found entitled in the facts and circumstances of the case."
3. Learned counsel for the State raised preliminary objection and submits that the Government of Bihar through General Administration Department has framed a rule namely Bihar Government Servant Grievance Redressal Rules, 2019
3/5 (hereinafter referred to as 'Rules of 2019') to deal such type of situations and petitioner has liberty to avail his remedy by filing complaint before the concerned authority.
4. Upon perusal of the said Rules of 2019, it transpires to this Court that under Rule 2(c) of the Rules of 2019, the word 'complaint' has been defined, which reads as under:- "(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
4/5 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."
4.1. And the procedure for filing a complaint has also been prescribed under Rule 3 of the Rules of 2019, which reads 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
5/5 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 view of the matter, it is hereby directed to the petitioner to avail his remedy by way of filing a complaint under Rules of 2019 before the concerned authority, within 30 days from today. The concerned authority is directed to decide this matter according to the time frame specified in the said Rules of 2019 itself.
6. With the aforesaid direction, this writ petition stands disposed off.
(Dr. Anshuman, J) Mkr./Bipin/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.05.2026 Transmission Date