Patna High Court
Md. Jahangir Alam vs The State Of Bihar on 26 February, 2026
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9502 of 2024
======================================================
Md. Jahangir Alam Son of Ajabul Ali, Resident of Mohalla - Ali Nagar ward
No 22 P.S. and District - Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Home
Govt of Bihar Patna,
2. The Director General of Police, Government of Bihar, Patna.
3. The Inspector General of Police ( Head quarter ) Bihar, Patna.
4. The Superintendent of Police Khagaria
5. The Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Respondent/s : Mr. Standing Counsel (06)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 26-02-2026
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed with the
following relief/s:-
"I. For setting aside the order dated
21.07.2022passed by the Inspector General of Police (Headquarter), Bihar Patna vide Gayapank/P.5 / 21-02-05/ 2019 /268 as contained in Annexure-5 to this Petition whereby and whereunder, Claim of the Petitioner for grant of ACP/MACP has been rejected.
II. For direction upon the respondents to extend the benefit of ACP/MACP from the Patna High Court CWJC No.9502 of 2024 dt.26-02-2026 2/4 date of retitlement.
III. For grant of Consequential reliefs to which he may be found entitled.
IV. For any other relief (s) to which the Petitioner may be found entitled."
3. Learned counsel for the petitioner submits that the claim of the petitioner for grant of ACP/MACP has been rejected on the ground that the petitioner has not passed the examination which was necessary for grant of ACP/MACP. Counsel submits that this issue has already been decided by the Hon'ble Full Bench of this Court in Civil Writ Jurisdiction Case No.18727 of 2017 (Kamlanand Thakur Vs. The State of Bihar & Ors.) with other analogous cases vide judgment dated 28.06.2024 reported in 2024 (4) BLJ 806, whose para 48 is very much relevant and reads as under:-
"48. Thus, the questions stand answered as follows :-
(A.) Rule 157(3)[J] of the Bihar Board's Miscellaneous Rules, 1958, requiring passing of Departmental Accounts Examination for promotion, is not applicable in case of grant of A.C.P. benefits under the A.C.P. Rules, 2003;
(B.) Rule 157(3)[J] of the Bihar Board's Miscellaneous Rules, 1958 is confined to Patna High Court CWJC No.9502 of 2024 dt.26-02-2026 3/4 passing of preliminary examination/final examination in Accounts only for the purposes of confirmation, crossing the efficiency bar and promotion to Selection Grade only and not for regular promotion; (C.) Rule 4(5) of the A.C.P. Rules, 2003 even though provides that the prescribed requirements and mode of sanction of financial progression under the scheme (A.C.P. scheme) shall be the same which are prescribed under the Recruitment/Service Rules for regular promotion against vacancies and if the Rules/Resolutions prescribe passing of Departmental Examination or any qualification for promotion, that shall also be an essential condition for sanction of benefit under the scheme will not affect the claim for grant of A.C.P. after completion of twelve/twenty four years of service for the reason that such financial progression under the A.C.P. scheme is only in situ promotion and nothing more. This is even notwithstanding any such requirement of passing any Departmental Examination or acquiring any educational qualification for promotion under the Service/Recruitment/Promotion Rules."
4. Learned counsel for the State submits that the Patna High Court CWJC No.9502 of 2024 dt.26-02-2026 4/4 decision of rejection of claim of the petitioner for grant of ACP/MACP has been made in the year 2022, whereas, the case of Kamlanand Thakur (supra) has been decided in the year 2024.
5. In this background, the order dated 21.07.2022 passed by the Inspector General of Police (Headquarter), Bihar Patna vide Gyapank/P-5 / 21-02-05 / 2019 / 268 (Annexure-5) is hereby set aside. The petitioner is directed to file a fresh representation along with a copy of this order as well as copy of judgment of Kamlanand Thakur (supra) before the Director General of Police, Government of Bihar, Patna (Respondent no.2) within 30 days. Upon receipt of the same, the Respondent no.2 is directed to pass a reasoned and speaking order considering the decision of Kamlanand Thakur (supra), within 90 days thereafter.
6. Accordingly, with the aforesaid direction, this writ petition stands disposed off.
(Dr. Anshuman, J) Divyansh/-
AFR/NAFR CAV DATE NA Uploading Date 27/02/2026 Transmission Date NA