Umesh Chandra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1369 of 2026 ====================================================== Umesh Chandra Jha Son of Late Kishore Jha, Resident of Village- Hardwar, P.S.- Ghanshyampur, District- Darbhanga, Bihar, PIN- 847427. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Home Department (Police), Bihar, Patna.

2.

The Principal Secretary, Home Department Police Headquarter, Sardar Patel Bhawan, Government of Bihar, Jawahar Lal Nehru Road (Bailey Road), P.O., P.S. and District- Patna.

3.

The Director General of Police, Bihar, Patna, Police Headquarter, Sardar Patel Bhawan, Government of Bihar, Jawahar Lal Nehru Road (Bailey Road), P.O., P.S. and District- Patna.

4.

The Senior Superintendent of Police, Gaya.

5.

The Deputy Superintendent of Police, Headquarter, Gaya. 6.

The Superintendent of Police, Nawada.

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Adv.

Mr. Shivesh Kumar Singh, Adv.

For the Respondent/s :

Mr. Standing Counsel 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-02-2026 Counsel for the petitioner is permitted to add Superintendent of Police, Nawada, as party respondent number 6 in this writ petition in course of the day.

2. The writ application has been filed for the following relief:- "i) For the issuance of writ in the nature of mandamus for directing the concerned respondent authority to grant the benefit of A.C.P. with effect from 01.01.2009 which has remain unpaid inspite of various representation filed on behalf of petitioner and their being recommendation by the, S.S.P., Vaishali.

Patna High Court CWJC No.1369 of 2026(2) dt.06-02-2026 2/3 (ii) For further directing the concerned respondents to pay the arrears of the 6th pay revision which has also remained unpaid till date. (iii) Further to pay the arrears of dearness allowances since July 21013 amounting to Rs.6684. (iv) Further to encash the voucher of Rs.8,305/- which the petitioner has paid for repair of the generator while he was posted at Kashichak Police Station in year 2009.

(v) For other necessary relief/reliefs to which the petitioner may be found entitled in the facts of the case."

3. Counsel for the petitioner submits that in the pending departmental inquiry, the punishment has already been recorded and despite such conclusion of departmental enquiry and punishment, having been recorded, the benefits of Assured Career Progression Scheme has not been allowed in favour of the petitioner for which appropriate representations have already been filed before the authorities concerned.

4. On the other hand counsel for the State submits that since the representation has already been made before the authority, the same may be directed to be decided in accordance with law looking to the nature of punishment passed in the case of the petitioner, and in effect on such promotion under the scheme.

5. Considering the aforesaid, the petitioner is directed

Patna High Court CWJC No.1369 of 2026(2) dt.06-02-2026 3/3 to file appropriate detailed representation appending all requisite document along with a copy of this order within a period of 4 weeks from today before the superintendent of Police, Nawada, who would be obliged to adjudicate the claim of the petitioner by passing a reason and speaking order within a further period of 8 weeks from the date of filing of such representation and, if the petitioner is found entitled for the benefits of such Scheme, the same shall also be extended to the petitioner within the same time period.

6. With the aforesaid observation, the writ petition stands disposed of.

(Ajit Kumar, J) rishi/- U