Rajbindu Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rajbindu Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with a direction to respondent no.1 (Additional Chief Secretary-cum-Principal Secretary, Home (Police) Department) to consider the petitioner's case for promotion from Inspector of Police to Deputy Superintendent of Police and take a final decision within three months, and to communicate the resulting order to the petitioner forthwith; no monetary relief granted.

Issue for consideration

Whether the respondents should be directed to consider the petitioner's case for promotion from the post of Inspector of Police to Deputy Superintendent of Police, which was earlier not considered owing to an order of punishment of censure, along with consequential benefits. +1 more

Court's answer

Having heard learned counsel and perused the petition, the Court disposed of the writ application with a direction to the Additional Chief Secretary-cum-Principal Secretary, Home (Police) Department, Government of Bihar, Patna (respondent no.1) to consider the petitioner's case for promotion and take a final decision thereon within three months from receipt/production of a copy of the order.

Ratio / Principle

The order passed upon consideration of the petitioner's promotion case shall be communicated to the petitioner forthwith.

Detailed headnote1 paragraphs

Patna High Court (Partha Sarthy, J), CWJC No.2103 of 2022, decided 09-04-2026: Petitioner, an Inspector of Police whose promotion to Deputy Superintendent of Police had earlier been withheld only on account of an order of censure (said to have lapsed after three years, per a letter dated 2.2.2026 of the DIG, Champaran Range, Bettiah filed with the respondents' counter affidavit), sought mandamus for consideration of his promotion with consequential benefits and disposal of his representation dated 19.05.2021 forwarded by the SP, East Champaran, Motihari. The Court disposed of the writ application, directing respondent no.1 (ACS-cum-Principal Secretary, Home (Police) Department) to consider the promotion case and take a final decision within three months of receipt/production of the order copy, and to communicate the order to the petitioner forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2103 of 2022

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

Rajbindu Prasad Son of Late Rama Prasad resident of Flat No. 504, Nutan Harisewa Apartment, Vigrahpur, P.S. Jakkanpur, P.O. G.P.O., District- Patna800 001, Bihar

... ... Petitioner/s

Versus

The State of Bihar represented through the Additional Chief Secretary-cumthe Principal Secretary, Home (Police) Department, Government of Bihar, Patna.

The Additional Director General of Police (Headquarters), Home (Police) Department, Bihar, Patna.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

The Bihar Public Service Commission, through its Secretary, 15, Jawahar Lal Nehru Marg (Bailey Road), Patna- 800 001

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Dr. Ranjeet Kumar, Advocate Mr. Kumar Ravish, Advocate For the State : Mr. Shalini, AC to GP- 5 For the BPSC : Mr. Kameshwar Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

6 09-04-2026 Heard learned counsel for the parties.

The petitioner has filed the instant application for

the following reliefs:

“ 1. (i) To issue a writ of mandamus/direction/command upon the respondents to consider the case of this petitioner for his promotion from the post of Inspector of Police to Deputy Superintendent of Police with a direction to pay him consequential benefits.

Patna High Court CWJC No.2103 of 2022(6) dt.09-04-2026

2/3

(ii) To issue a writ of mandamus/order/direction/command directing the respondents (Respondent No. 2) to dispose of the last pending representation dated 19.05.2021 (Annexure-P/3) which was forwarded under Letter No. 1927 dated 21.05.2021 (Annexure-P/4) by the Superintendent of Police, East Champaran, Motihari.

(iii) Any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the case.

(iv) Cost of this litigation. ”

It is submitted by learned counsel for the petitioner

that the case of the petitioner for promotion from the post of Inspector of Police to the Deputy Superintendent of Police was not considered earlier by the respondents only for the reason of an order of punishment of censure having been passed against the petitioner. The said order of punishment having lost its force on completion of three years, as would also be evident from the letter dated 2.2.2026 of the Deputy Inspector General of Police, Champaran Range, Bettiah brought on record as Annexure to the counter affidavit filed on behalf of the respondents, the case of promotion of the petitioner is under consideration by the

Patna High Court CWJC No.2103 of 2022(6) dt.09-04-2026 3/3

respondents

Having heard learned counsel for the parties and having perused the contents of the petition, the writ application is disposed of with a direction to the Additional Chief Secretarycum-Principal Secretary, Home (Police) Department, Government of Bihar, Patna (respondent no.1) to consider the case of the petitioner for promotion and take a final decision thereon within a period of three months from the date of receipt/production of a copy of this order.

The order passed on consideration of the case of promotion of the petitioner shall be communicated to the petitioner forthwith.

The writ application stands disposed of.

(Partha Sarthy, J)

sauravkrsinha/-

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