IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12566 of 2011 Arun Kumar Shrivastava, son of late Swami Charan Prasad, resident of 301, Shantivan-II Apartment, Lohia Nagar, P S – Kankarbagh, District – Patna, at present posted as Chief Engineer (Urban), Public Health Engineering Department, Bihar, Patna. Versus 1. The State of Bihar. 2. The Principal Secretary, Department of Public Health Engineering, Visheshwaraiya Bhawan, Government of Bihar, Patna. 3. The Deputy Secretary, Department of Public Health Engineering, Visheshwaraiya Bhawan, Government of Bihar, Patna. 4. The Joint Secretary, Department of Public Health Engineering, Visheshwaraiya Bhawan, Government of Bihar, Patna. 5. The Departmental Enquiry Commissioner, Government of Bihar, Old Secretariat, Patna. ----------- 02. 12.8.2011 Heard learned counsel for the petitioner and the State. As per the gradation list of Chief Engineers, petitioner’s name stands at Serial No.2. He is a strong contender for promotion on the post of Engineer-in-Chief. But before the DPC could meet and decide such an issue, according to him, certain vested interest got active, raked up an issue of 2006 and he has now been issued a chargesheet on 19.7.2011. According to the petitioner, he suspects foul play in the way things have been done. The only request at this stage which is being made at the bar is that the respondent authorities should take cognizance of his explanation which is already offered by way of representation, contained in Annexure-9 dated 22.7.2011 as also take resort to a sealed cover procedure when DPC meets to consider the claim for promotion of other candidates who may 2 be otherwise eligible. So far as show cause or representation of the petitioner is concerned, that is yet another issue which should be looked into by the Principal Secretary of the department. Independent of the issue the prayer of the petitioner putting his case for promotion in a sealed cover is in accordance with law laid down by the Apex Court many decades ago. Since pendency of the departmental proceeding may come in the way or may be cited as reasons for non- consideration of the claim of the petitioner, let his case for promotion be put in a sealed cover when the DPC meets and on conclusion of departmental proceeding, the follow up action will be taken in this regard. Writ application is disposed of with the above observation. rkp ( Ajay Kumar Tripathi, J.)