IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.851 of 2008 LALA NIRIPENDRA KUMAR AMBASTHA@ Nripanedra Kumar Ambastha, Son of Late Mahesh Prasad, resident of 349, Nehru Nagar, Patna-13, P.S. S.K.Puri, District-Patna . ---------- Petitioner. Versus THE STATE OF BIHAR & ORS . ----------- 2 04-12-2009 Heard learned counsel for the petitioner and the State. The petitioner who retired on 31.7.2001 has come before this Court claiming regular promotion w.e.f. 1.2.1998 to the post of Superintending Engineer . A counter affidavit has been filed on behalf of the Respondents. It admits that the case of the petitioner for promotion was kept in sealed cover. It is non-committal on the vigilance clearance for reasons attributable to the respondents.The departmental proceedings alleged have now been concluded. The ground of pendency of the criminal case cannot debar consideration for promotion in view of the sealed cover procedure adopted in the context of departmental proceeding, Let the case of the petitioner for promotion be - 2 - considered in accordance with law and dependant on the outcome of the same all consequential benefits, legitimate dues, be made available to the petitioner within a maximum period of six months from the date of receipt/production of a copy of the present order. The application stands disposed. NKS/- ( Navin Sinha, J)