AI Structured Summary
Not yet generated for this judgment
Judgment
Date : 18-08-2026 Heard learned counsel for the petitioner and learned counsel for the State.
The present writ petition has been filed for the following relief/s:-
“I. For issuance of writ/writs in the nature of Certiorari to quash the Letter no. 20025 dated 27.10.2023 issued by Respondent No. 5 i.e. The Deputy Secretary, General Administrative Department, Government of Bihar, Patna whereby and whereunder the representation filed by the petitioner for rectifying the Performance Appraisal Report (PAR) 2018-2019 (01.04.2018 to 05.02.2019) dated 3.10.2019 and 2019-2020 (from 01.04.2019 to 31.03.2020) dated 18.02.2021 was rejected merely on the ground of limitation, as the petitioner is a dedicated Officer of Bihar Administrative Services and his Performance Appraisal Reports (PARs) have been excellent throughout his service.
II. For issuance of writ/writs in the nature of Mandamus to direct/command the Respondents to rectify the Performance Appraisal Report (PAR) 2018-2019 (01.04.2018 to 05.02.2019) dated 3.10.2019 and 2019-2020 (from 01.04.2019 to 31.03.2020) dated 18.02.2021 of the Petitioner, whereby the Petitioner was given low grades in assessment of work by the Reviewing Authority i.e. Respondent No. 3 (The Additional Chief Secretary, Minority Welfare Department, Government Of Bihar) on the basis of allegation levied against him during the tenure of Petitioner as District Minority Welfare Officer (Interim), Darbhanga without considering the fact that the allegations levied against the petitioner was not proved and he was exonerated from the show-cause vide Order contained in Memo No. 112/2016 1340 dated 09.07.2020 (Annexure-P/5) and Order contained in Letter No. 2859 dated 02.03.2021 (Annexure-P/7) by the Minority Welfare Department, Government of Bihar and General Administration Department, Government of Bihar respectively and despite the fact that the Reporting authority i.e. Respondent No. 6 i.e. The District Magistrate, Darbhanga has given highest grades to the petitioner in assessment of work in the said PARS.
III. For issuance of writ/writs in the nature of Mandamus to direct/command the Respondents to grant promotion to the Petitioner on the post of Joint Secretary as per the Seniority Civil List, 2023 where the rank of the petitioner is at Rank No. 251 but his junior officers have been considered for promotion on the basis of said seniority list to the post of Joint Secretary in the Promotion list issued by the Respondent No. 2 i.e. The Deputy Secretary, General Administrative Department, Government of Bihar, Patna vide Notification No. 19520 dated 17.10.2023.
IV. Pass such other Order/Orders as your Lordships may deem fit and proper.”
Learned counsel for the petitioner submits that during pendency of the writ petition, grievance of the petitioner has been redressed, save and except that date of promotion has not been made from the date which was demanded by the petitioner, rather, promotion was granted from 2025 onwards. Counsel submits that the writ petition may be disposed off with liberty to the petitioner to approach the appropriate forum, in case the respondent authorities have not corrected his date of promotion.
Learned counsel for the State, on the other hand, submits that the Government of Bihar through General Administration Department has framed a rule namely Bihar Government Servant Grievance Redressal Rules, 2019 (hereinafter referred to as ‘Rules of 2019’) and the petitioner has liberty to avail his remedy with regard to his grievance by filing complaint before the concerned authority.
Upon perusal of the said Rules of 2019, it transpires to this Court that under Rule 2(c) of the Rules of 2019, the word ‘complaint’ has been defined, which reads as under:-
“(c)'Complaint' refers to all matters relating to the service and service benefits of serving and retired personnel of State Government as -(1) related to appointment (2) Service confirmation related (3) related to salary payment and increment (4) Promotion, A.C.P., M.A.C.P. related (5) priority/preference assessment related (6) related to the approval of leaves other than casual leave (7) related to salary during leave (8) related to approval and payment of allowances (9) Medical reimbursements (10) related to payment of retirement benefits such as pension, gratuity, group insurance, encashment of the unavailed leaves and payment of General Provident Fund.
However, if any of the above related matter is under any Court's consideration then it will not be considered as a complaint under this system.
But further, matters relating to disciplinary & departmental action, and transfer / posting / deputation will not be included as complaints under this. Any case, under the Right to Information Act, 2005 will also not be considered as a complaint under this system.”
And the procedure for filing a complaint has also been prescribed under Rule 3 of the Rules of 2019, which reads as under:-
“3. Procedure for filing a complaint-
Procedure for registering complaints related to service matters and retirement benefits will be as follows -
(a)Any employee of the Bihar State Government, serving or retired, of any group can file any complaint related to their service matters and/or retirement benefits, through online mode. In the event of death of a Government Personnel, complaint can be lodged by his/her dependent, The applicant will have to mention the details of the office / officer, his/her complaint is related to. Other relevant details will also have to be provided in the online application.
(b)In one application, complaint related to only one subject can be filed. Since no fee is required for registering a complaint, therefore, if a complainant wants relief in more than one subject then he/she has to register a separate application for it. In spite of this, if in the same application relief on more than one subject is being sought for, then in that case, the first issue mentioned in the complaint application will be considered as the complaint and further action will be taken on the same.”
In this view of the matter, it is hereby directed to the petitioner to avail his remedy by way of filing a complaint under Rules of 2019 before the concerned authority, within 30 days from today. The concerned authority is directed to decide the matter strictly according to the time frame specified in the Rules of 2019 itself.
Accordingly, with the aforesaid direction, this writ petition stands disposed off.