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Patna High CourtCWJC/16184/2024allowed

Suman Kumar Thakur v. The State Of Bihar

2026-02-10Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16184 of 2024 ====================================================== Suman Kumar Thakur S/o Late Mahabir Thakur, Resident of VillageTulapatti, P.S.-Pipra, District-Supaul, Bihar-852108. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Director General cum Inspector General of Police, Headquarter, Bihar Police, Sardar Patel Bhawan, Bailey Road, Patna. 3.

Additional Director General of Police, Welfare, Bihar Police, Sardar Patel Bhawan, Bailey Road, Patna.

4.

Additional Director General of Police (Training), Bihar Police, Sardar Patel Bhawan, Bailey Road, Patna.

5.

Inspector General of Police, Central Range, Bihar Police, Budha Colony, Danapur Road, Patna, Bihar-800001.

6.

The Senior Superintendent of Police, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Advocate Ms. Sushmita Kumari, Advocate For the State :

Mr. Prashant Pratap (GP- 2) Mr. Asit Kumar Jha (AC to GP-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 10-02-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for directing the respondents to consider the promotion of petitioner to the post of Assistant Sub-Inspector of Police (A.S.I.) and then to the next higher post of Sub-Inspector of Police (S.I.) with effect from the date from which similar and even several junior colleagues have been promoted. Further prayer has been made to grant all consequential including financial benefits of

2/4 promotion with arrears along with appropriate cost for compelling the petitioner to come in litigation.

3. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Constable in the year 1995. He submits that after appointment in the year 1995, the petitioner was imparted with the basic training of police and has also successfully completed the PTC. Counsel submits that after passing PTC and being a literate Constable, he was eligible for promotion to the post of A.S.I. and to the next higher post of Sub-Inspector of Police. He further submits that the petitioner has a clean and fair service career and there was no departmental proceeding against him.

He submits that the petitioner deserve reward for his brave act of encounter with notorious dacoit gang in which he got injured with bullet in his leg, but even then, he was suffering ignorance and discrimination and even due promotion has not been provided to him. Counsel further submits that the counter affidavit has been filed on behalf of the respondent no.6, in which the stand has been taken in para 8 that action is being taken to ensure the petitioner's promotion and for that, the Dy.S.P.

3/4 proceed further for grant of promotion vide Nalanda District Order No. 1261 of 2024. In pursuance to that, a report vide Memo No. 7922 dated 03.12.2024 has been submitted by the Dy.S.P. (reserve), Police Line, Nalanda, mentioning therein that as per the direction, the fact regarding clearance in basic training examination has been entered and his name has been sent to the I.G. Police, Central Range, Patna for promotion vide Memo No. 6933 dated 09.10.2024 issued by the Dy.S.P. (reserve), Police Line, Nalanda (annexed as Annexure- R-6/5). Counsel submits that the petitioner has been working since, 1995, but till date, not a single promotion has been granted to him.

4. Learned counsel for the State, on the other hand, submits that from the pleadings of the counter affidavit, it is crystal clear that the petitioner's case was referred before the I.G. Police, Central Range, Patna and in that view of the matter, the grievance of the petitioner has been settled. Therefore, he submits that the present writ application may be disposed off.

5. In the light of the submissions made, particularly the grievance of the petitioner that his promotion has not been considered, but subsequently, vide Memo No. 7922 dated 03.12.2024, the matter was referred before the I.G. Police,

4/4 Central Range, Patna for promotion, this Court is not satisfied with this step.

6. As such, this Court hereby directs the Inspector General of Police, Central Range, Bihar Police, Budha Colony, Danapur Road, Patna (Respondent no.5) to take a decision with regard to the promotion of the petitioner within 60 days from the date of production of a copy of this order. It is made clear that the petitioner shall be entitled for promotion from the date of his eligibility, as for the purpose of non-entry of his basic training in the service book, the petitioner is not responsible and it is the concerned respondent authority who has to take care of that. It is also directed to calculate the arrears and other entitlement of the petitioner in accordance with law, within the said period.

7. Accordingly, with the aforesaid direction, this writ petition is hereby allowed.

(Dr. Anshuman, J) Divyansh/- AFR/NAFR CAV DATE NA Uploading Date 12/02/2026 Transmission Date NA