Shiv Lal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10135 of 2024 ====================================================== Shiv Lal Chaudhary Son of Late Manu Chaudhary Resident of the villageBalwan, P.O.- Sirisiyan, P.S.- Nautan in the district of Siwan (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Old Secretariat, Govt. of Bihar, Patna. Department of Panchayati Raj.

2.

The District Magistrate at Siwan, District- Siwan. 3.

The District Panchayat Raj Officer, at Siwan, District- Siwan. 4.

The Block Development Officer, Jiradei, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Shankar Prasad Yadav, Advocate For the Respondent/s :

Mr. Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the petitioner for issuance of writ of mandamus directing the respondent authorities to grant first A.C.P. with its retrospective effect to him. It transpires from Annexure-P/1 & P/2 that several representations of the petitioner is pending before the Panchaytiraj Officer, Siwan, on which no order has been passed.

3. Learned counsel for the State submits that in the year 2009 State of Bihar through its General Administration Department has notified a Rule, namely, Bihar Government Servant Grievances Redressal Rule, 2019. Learned counsel for

Patna High Court CWJC No.10135 of 2024(2) dt.04-07-2024 2/2 the State submits that the petitioner has remedy to move before the Service Grievances Redressal Officer and, therefore, liberty may be given to him to move in accordance with the Bihar Government Servant Grievances Redressal Rules, 2019.

4. In the light of the submissions made by the State and upon perusal of those Rules, this Court is of the view that petitioner ought to move before the Service Grievance Redressal Officer in accordance with the Rules mentioned above. As such, the petitioner is directed to file representation along with this order before the authority concerned within thirty days and the respondent authority is directed to take a decision in the matter of the petitioner following the Bihar Government Servant Grievances Redressal Rules, 2019 within ninety days from the date of receipt/production of a copy of this order.

5. With this direction, the writ petition is disposed off. (Dr. Anshuman, J) Mkr./- U