Indra Kumar Lal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11256 of 2024 ====================================================== Indra Kumar Lal Das Son of Baldeo Lal Das, Shyam Complex, Flat No.301, Sancity Colony, Road No. 02, Danapur, Police Station- Danapur, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Water Resources Department, Govt. of Bihar, Patna.

2.

The Additional Secretary, Water Resources Department, Govt. of Bihar, Patna.

3.

The Chief Engineer, Sinchai Srijan, Water Resources Department, Bhagalpur.

4.

The Executive Engineer, Irrigation Division, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Verma, Advocate For the Respondent/s :

Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing the order of Redressal Officer, which is contained in letter No. 1308 dated 25.05.2024 (Annexure-4), by which the claim of the petitioner for grant of 1st ACP, 2nd ACP and 3rd AC)/ MACP have been rejected.

3. Learned counsel has further mentioned that in the light of the Full Bench decision, passed in CWJC No. 18727 of 2017 decided on 28.06.2024, there is no any barrier now present

Patna High Court CWJC No.11256 of 2024(2) dt.30-07-2024 2/2 in granting relief to the petitioner.

4. Learned counsel for the State submits that the petitioner is supposed to file representation before respondent No. 2 indicating that he is entitled for the relief in the light of the latest decision of the Hon'ble Court mentioned in the writ petition, which is annexed as Annexure P/5.

5. It transpires to this Court that counsel has filed his complaint under Bihar Government Servant Grievances Redressal Rules, 2019, in which there is a provision of appeal under Rule 8, but instead thereof he has opted to file the writ petition.

6. In that view of the matter, the writ petition is disposed off directing the petitioner to avail the remedy under the Bihar Government Servant Grievances Redressal Rules, 2019 and file representation within thirty days before the respondent concerned, who shall take a decision in this matter within 90 days from the date of receipt/production of a copy of this order along with representation.

(Dr. Anshuman, J.) Mkr./Aman/- U