Disposed¶26

Om Prakash Sharma v. The State of Bihar

Patna HC24 Apr 2026CWJC/1847/2022

Case brief

AI extract

What is this about?

M.A.C.P.; Modified Assured Career Progression; 2nd MACP from 1.1.2009; 3rd MACP after 30 years of service; Bihar police pay benefits; Constable BMP-10 / B.S.A.P.-10; representation pending before D.I.G. of Police B.S.A.P. Central Zone Patna; disposal with directions; consequential benefits; reasoned order; Patna High Court CWJC 1847 of 2022; Justice Partha Sarthy; order dated 24-04-2026.

What did the court decide?

Directions only: petitioner to file a fresh representation before respondent no.4 within one month; the representation to be decided in accordance with law within six weeks of filing; consequential benefits found payable to be paid within two months of the deciding order; a reasoned order to be communicated forthwith if the representation is rejected. No M.A.C.P. benefit was granted by this order itself. ¶26

Om Prakash Sharma Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to the 2nd M.A.C.P. from 01.01.2009 in place of 05.05.2019. +1 more

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Ratio / Principle

As on the date of hearing, the petitioner's representation for the reliefs sought had not been decided by respondent no.4 (D.I.G. of Police, B.S.A.P., Central Zone, Patna).

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Key takeaways

The writ application is disposed of with a direction to the petitioner to file a fresh representation before respondent no.4.ratio¶24
If the fresh representation is filed within one month, respondent no.4 shall decide it in accordance with law within six weeks from the date of its filing.ratio¶24
Consequential benefits found payable to the petitioner shall be paid within two months from the date of passing of the order on the representation.ratio

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No.1847 of 2022 (Patna High Court, Partha Sarthy, J., order dated 24-04-2026): Petitioner, a Constable in B.S.A.P.-10 (formerly BMP-10), sought the 2nd M.A.C.P. from 01.01.2009 in place of 05.05.2019 and the 3rd M.A.C.P. from 2018 after 30 years' service, with consequential benefits. Finding his representation undecided before the D.I.G. of Police, B.S.A.P., Central Zone, Patna (respondent no.4), the Court disposed of the writ petition with directions: fresh representation within one month; decision in accordance with law within six weeks of filing; payment of consequential benefits found payable within two months of the deciding order; and a reasoned order communicated forthwith if the representation is rejected.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1847 of 2022

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======================================================

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Om Prakash Sharma Son of Ramdeni Sharma, Residento f Vill-Gobind Ganj, P.S.-Gobindganj, District-East Champaran, At Present Posted as Constable in BMP-10, now Known as B.S.A.P. 10, P.O.-B.V. College, P.S.-Hawaiadda, District-Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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The Director General of Police, Bihar, Patna.

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Additional Director General of Police, Bihar Special Armed Police Bihar, Patna.

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D.I.G. of Police, B.S.A.P., Central Zone, Patna.

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Commandant, B.S.A.P.-10, Patna.

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... ... Respondent/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Ram Hriday Prasad, Advocate For the Respondent/s : Mr. Suman Kumar Jha, AC to AAG-3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

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ORAL ORDER

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3 24-04-2026 Heard learned counsel for the parties.

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The petitioner has filed the instant application for

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the following relief (s) :-

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“1. That, this is an application for issuance of direction or to the appropriate writ, order respondents for granting 2^nd M.A.C.P. to the petitioner from 1.1.2009 in place of 5.5.2019 and for granting 3^rd M.A.C.P. from 2018 after completion of 30 years of service which has not been given to the petitioner and for grant of all consequential benefits.”

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Having heard learned counsel for the parties and

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Patna High Court CWJC No.1847 of 2022(3) dt.24-04-2026 2/2

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having perused the contents of the petition, it transpires that the representation filed by the petitioner for the relief prayed for in the instant application has not yet been decided by the respondent- D.I.G of Police, B.S.A.P, Central Zone, Patna (respondent no.4).

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In view of the facts and circumstances of the case, the writ application is disposed of directing the petitioner to file a fresh representation before the respondent no.4, which if filed within one month shall be decided in accordance with law within a period of six weeks from the date of its filing and the consequential benefits found payable to the petitioner shall be paid within two months from the date of passing of the order.

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In case the representation of the petitioner does not find favour with the respondent concerned, the respondent shall pass a reasoned order which shall be communicated to the petitioner forthwith.

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The writ application stands disposed of with the above observations and directions.

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(Partha Sarthy, J)

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Shiv/-

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Om Prakash Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Om Prakash Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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