Citation : 2026 Latest Caselaw 395 Patna
Judgement Date : 10 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16184 of 2024
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Suman Kumar Thakur S/o Late Mahabir Thakur, Resident of Village-
Tulapatti, P.S.-Pipra, District-Supaul, Bihar-852108.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Director General cum Inspector General of Police, Headquarter, Bihar
Police, Sardar Patel Bhawan, Bailey Road, Patna.
3. Additional Director General of Police, Welfare, Bihar Police, Sardar Patel
Bhawan, Bailey Road, Patna.
4. Additional Director General of Police (Training), Bihar Police, Sardar Patel
Bhawan, Bailey Road, Patna.
5. Inspector General of Police, Central Range, Bihar Police, Budha Colony,
Danapur Road, Patna, Bihar-800001.
6. The Senior Superintendent of Police, District-Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Choudhary, Advocate
Ms. Sushmita Kumari, Advocate
For the State : Mr. Prashant Pratap (GP- 2)
Mr. Asit Kumar Jha (AC to GP-2)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 10-02-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ application has been filed for
directing the respondents to consider the promotion of petitioner
to the post of Assistant Sub-Inspector of Police (A.S.I.) and then
to the next higher post of Sub-Inspector of Police (S.I.) with
effect from the date from which similar and even several junior
colleagues have been promoted. Further prayer has been made
to grant all consequential including financial benefits of
Patna High Court CWJC No.16184 of 2024 dt.10-02-2026
2/4
promotion with arrears along with appropriate cost for
compelling the petitioner to come in litigation.
3. Learned counsel for the petitioner submits that
the petitioner was appointed on the post of Constable in the year
1995. He submits that after appointment in the year 1995, the
petitioner was imparted with the basic training of police and has
also successfully completed the PTC. Counsel submits that after
passing PTC and being a literate Constable, he was eligible for
promotion to the post of A.S.I. and to the next higher post of
Sub-Inspector of Police. He further submits that the petitioner
has a clean and fair service career and there was no
departmental proceeding against him. He submits that the
petitioner deserve reward for his brave act of encounter with
notorious dacoit gang in which he got injured with bullet in his
leg, but even then, he was suffering ignorance and
discrimination and even due promotion has not been provided to
him. Counsel further submits that the counter affidavit has been
filed on behalf of the respondent no.6, in which the stand has
been taken in para 8 that action is being taken to ensure the
petitioner's promotion and for that, the Dy.S.P. (reserve), Police
Line, Nalanda has been directed to enter the fact regarding
passing of the petitioner in basic training examination and to
Patna High Court CWJC No.16184 of 2024 dt.10-02-2026
3/4
proceed further for grant of promotion vide Nalanda District
Order No. 1261 of 2024. In pursuance to that, a report vide
Memo No. 7922 dated 03.12.2024 has been submitted by the
Dy.S.P. (reserve), Police Line, Nalanda, mentioning therein that
as per the direction, the fact regarding clearance in basic
training examination has been entered and his name has been
sent to the I.G. Police, Central Range, Patna for promotion vide
Memo No. 6933 dated 09.10.2024 issued by the Dy.S.P.
(reserve), Police Line, Nalanda (annexed as Annexure- R-6/5).
Counsel submits that the petitioner has been working since,
1995, but till date, not a single promotion has been granted to
him.
4. Learned counsel for the State, on the other hand,
submits that from the pleadings of the counter affidavit, it is
crystal clear that the petitioner's case was referred before the
I.G. Police, Central Range, Patna and in that view of the matter,
the grievance of the petitioner has been settled. Therefore, he
submits that the present writ application may be disposed off.
5. In the light of the submissions made, particularly
the grievance of the petitioner that his promotion has not been
considered, but subsequently, vide Memo No. 7922 dated
03.12.2024
, the matter was referred before the I.G. Police, Patna High Court CWJC No.16184 of 2024 dt.10-02-2026
Central Range, Patna for promotion, this Court is not satisfied
with this step.
6. As such, this Court hereby directs the Inspector
General of Police, Central Range, Bihar Police, Budha Colony,
Danapur Road, Patna (Respondent no.5) to take a decision with
regard to the promotion of the petitioner within 60 days from
the date of production of a copy of this order. It is made clear
that the petitioner shall be entitled for promotion from the date
of his eligibility, as for the purpose of non-entry of his basic
training in the service book, the petitioner is not responsible and
it is the concerned respondent authority who has to take care of
that. It is also directed to calculate the arrears and other
entitlement of the petitioner in accordance with law, within the
said period.
7. Accordingly, with the aforesaid direction, this
writ petition is hereby allowed.
(Dr. Anshuman, J) Divyansh/-
AFR/NAFR CAV DATE NA Uploading Date 12/02/2026 Transmission Date NA
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