Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7242 of 2026 ====================================================== 1.

Rajesh Kumar Singh son of Yugal Kishore Singh, Resident of MohallaVikash Vihar Colony, Dhanaut, P.S. Rupaspur, District- Patna, Bihar800014. 2.

Vijay Rai, son of Hridyanand Rai, Resident of Mohalla- Vishnu Nagar, Bank Colony Near Arrah, P.O.- Anaith, P.S. Arrah, District- Bhojpur (Arrah.) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Director General of Police, Bihar Special Armed Police, Bihar, Patna. 4.

The Inspector General of Police, Bihar Special Armed Police, Bihar, Patna. 5.

The D.I.G. of Police, BSAP, Northern Zone, Muzaffarpur. 6.

The A.1.G. of Police, BSAP, Bihar, Patna.

7.

The Commandant, BSAP-15, Bheem Nagar, Supaul. 8.

Company Commander, F Company, BSAP-15, Bheemnagar, Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Hriday Prasad, Advocate For the State :

Mr. Government Advocate (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 12-05-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submits that the present writ petition has been filed for issuance of an appropriate writ, order or direction to the respondents to consider the case of the petitioners for granting officiating

2/5 promotion on the post of Sub-Inspector of police (Arms) w.e.f. 05.10.2025 from the date when their juniors were granted officiating promotion on the post of Sub-Inspector of police (Arms) and for granting officiating promotion to the petitioners on the post of Sub-Inspector of police (Arms) from 05.10.2025 and for grant of all consequential benefits.

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 (hereinafter referred to as 'Rules of 2019') to deal such type of situations and petitioners have liberty to avail their 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

3/5 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."

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 complaintProcedure for registering complaints related

4/5 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 view of the matter, it is hereby directed to

5/5 the petitioners to avail their 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.05.2026 Transmission Date