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Patna High CourtCWJC/14134/2025disposed

Bhim Sen Kumar v. The Union Of India

2025-10-13Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14134 of 2025 ====================================================== Bhim Sen Kumar Son of Siyaram Kumar, Resident of Singriyawan, Police Station- Shahjananpur, District- Patna.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home, Government of India, New Delhi.

2.

The Director General of Police, CRPF, New Delhi, CGO Complex, Lodi Road, New Delhi.

3.

The Deputy Inspector General of Police (Establishment), CGO Complex, Lodi Road, New Delhi.

4.

The Inspector General of Police (Personnel), CRPF, CGO Complex, Lodi Road, New Delhi.

5.

The Deputy Inspector General of Police, C.R.P.F., Group Centre, Mokama Ghat, Mokama, District Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarv Deo Singh, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s :

Ms. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for grant of MACP, Paragraph no.1 of the writ application is quoted herein below for ready reference:

"That the petitioner prays for issuance of an appropriate writ/writs, order/orders, direction/directions for granting MACP 1st with effect from 04.08.2021 in the pay scale of Rs. 25,500/- 81,100/-under pay matrix level four. However the petitioner has not been granted the

Patna High Court CWJC No.14134 of 2025(2) dt.13-10-2025 2/3 benefit of MACP 1st due to not recommended on the ground of APAR Grading from the year 201622 are below benchmark. The petitioner further prays for to declare null and void the APAR grading from 2016-22 the below benchmark on the ground that the same has not been communicated to the petitioner till today which is against the settled law that uncommunicated grading of APAR is not tenable in the eyes of law.

And for any other relief / reliefs the petitioners may be found entitled."

3. At the outset, it is submitted by learned counsel for the petitioner that the writ application be disposed of giving liberty to the petitioner to file a representation before the respondent no.5 and the same be decided by the respondent concerned within a reasonable time fixed by this Court.

4. Having heard learned counsel for the parties and having perused the contents of the petition, without going into the merits of the case of the petitioner, the writ application stands disposed of with a liberty to the petitioner to make a representation before the Deputy Inspector General of Police, C.R.P.F., Group Centre, Mokama Ghat, Mokama, District Patna (respondent no.5) within a period of four weeks.

5. In case such a representation is filed, the

Patna High Court CWJC No.14134 of 2025(2) dt.13-10-2025 3/3 respondent concerned shall dispose of the same within a period of two months from the date of its filing.

6. In case any amount is found payable to the petitioner, the same shall be paid within a period of two months from the date of passing of the order by the respondent concerned.

7. In case the amount is not found payable, a reasoned order for the same shall be communicated to the petitioner within the aforesaid period.

8. The application stands disposed.

(Partha Sarthy, J) Saurabh/- U