Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16894 of 2025 ====================================================== Mithilesh Singh S/o Late Ram Pravesh Singh, R/o- C/o B.D. Prasad Rtd. Adm., Hari Niketan School, Mahatma Gandhi Nagar, P.S.- Agamkuan (Kankarbagh), District- Patna, Pin- 800026.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Finance Department, Govt. of Bihar, Patna.

2.

The DGP, Govt. of Bihar, Patna, Bihar.

3.

The IGP, Govt. of Bihar, Patna, Bihar.

4.

The D.I.G., Muzaffarpur, Bihar.

5.

The S.P Vaishali at Hajipur, Bihar.

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Respondent/s :

Mr. Prashant Pratap, GP- 2 Mr. Asit Kumar Jha, AC to GP- 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-11-2025 Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following reliefs:

"a. To direct the respondent no. 2 to grant due ACP and MACP in view of order passed by Full Bench of Hon'ble Court in C.W.J.C. No. 18727/2017, dated 28.06.2024 as well as the letter no. 3A-1MUK-119-2024-4862, Patna dated 29.04.2025 passed by the Secretary of finance department.

b. To direct the respondents to give all consequential benefit to the petitioner for

Patna High Court CWJC No.16894 of 2025(2) dt.25-11-2025 2/3 which he is entitled under the law.

c. Any other relief(s) for which petitioner entitled under the law."

3. It is submitted by learned counsel for the petitioner that the petitioner has not been granted the benefit of ACP and MACP inspite of the Full Bench judgment of this Court in the case of Kamlanand Thakur vs. The State of Bihar and Ors.; 2025 (2) PLJR 623.

4. Learned counsel for the petitioner submits that the instant writ application be disposed off directing the respondent no.2, the Director General of Police, Bihar to decide the representation of the petitioner and to grant the relief as prayed for within a reasonable period.

5. Having heard learned counsel for the parties and having gone through the contents of the petition, the writ application is disposed off directing the petitioner to file a representation before the respondent no. 2 within a period of four weeks.

6. In case such a representation is filed, the same shall be decided by the respondent no. 2 in accordance with law within a period of three months from the date of its filing also taking into consideration the aforesaid judgment of this Court in the case of Kamlanand Thakur (supra).

Patna High Court CWJC No.16894 of 2025(2) dt.25-11-2025 3/3

7. In case the relief with respect to grant of ACP and MACP is found payable to the petitioner, the financial benefits thereof shall be given to the petitioner within a period of three months from the date of passing of the order. In case no relief is found payable to the petitioner, reasoned order for the same shall be communicated to the petitioner within the aforesaid period.

8. It is made clear that the Court has not gone into the merits of the case of the petitioner which is to be decided by the respondent concerned.

9. The application stands disposed off with the above observations and direction.

(Partha Sarthy, J) sauravkrsinha/- U