A Grievance Authority Must Proceed Ex Parte Rather Than Rejecting a Complaint for Official Nonappearance.

The petitioner sought salary for the period from 2 September 2022 to 29 May 2023, during which he served as a Panchayat Secretary in Manjhi Block; his resignation was accepted by memo dated 19 May 2023

He had filed a complaint under the Bihar Government Servant Grievance Redressal Rules, 2019, and relied on a communication from the Drawing and Disbursing Officer said to admit his claim. The District Public Grievance Redressal Authority, Saran rejected the complaint because the responsible officer had not appeared or responded

The State submitted that the petitioner should pursue the appeal remedy under the 2019 Rules

1. Whether the District Public Grievance Redressal Authority could reject the petitioner’s complaint because the responsible officer failed to appear or respond

2. Whether the Authority’s rejection should be set aside and the complaint reconsidered, notwithstanding the State’s submission that an appeal was available under the 2019 Rules

The Court considered the Bihar Government Servant Grievance Redressal Rules, 2019, under which the petitioner had pursued his grievance and which the State said provided an appellate remedy

It also applied the principle that a grievance authority must follow a lawful adjudicatory process: the non-appearance or non-response of the opposing officer should not, by itself, result in rejection of the complainant’s claim; the matter should proceed ex parte and be decided appropriately

The Authority had called upon the responsible officer to appear and respond, but rejected the complaint when the officer did not do so.

The Court held that this approach was contrary to the proper adjudicatory process: the officer’s failure to participate should not defeat the petitioner’s complaint, and the Authority should instead proceed ex parte and pass an appropriate order

The Court therefore set aside the rejection and directed reconsideration; it did not itself determine the petitioner’s entitlement to salary or resolve the State’s submission about the appeal remedy.

The District Panchayati Raj Officer, Saran, was directed to appear before the Authority and provide a proper response