IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4775 of 2010 1. PRAHLAD KUMAR S/O LATE BALDEO PRASAD RAJAK PERMANENT RESIDENT OF VILLAGE PHULOT, P.S.CHOUSA,DISTT-MADHEPURA,BIHAR , PRESENTLY RESIDING AT 24 I, M.I.G. HANUMAN NAGAR, P.S.PATRAKARNAGAR, DISTT- PATNA, BIHAR AND POSTED AS DEPUTY SUPERINTENDENT OF POLICE (S.D.P.O.) , DISTT-SHEOHAR,BIHAR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME (POLICE) GOVERNMENT OF BIHAR,PATNA ,BIHAR 2. DIRECTOR GENERAL OF POLICE BIHAR,PATNA 3. HOME SECRETARY, DEPARTMENT OF HOME (POLICE) GOVERNMENT OF BIHAR,PATNA,BIHAR 4. JOINT SECRETARY, DEPARTMENT OF HOME (POLICE) GOVERNMENT OF BIHAR, PATNA,BIHAR 5. DEPUTY SECRETARY, DEPARTMENT OF HOME (POLICE) GOVERNMENT OF BIHAR,PATNA,BIHAR 6. JAGDISH CHOWDHARY S/O NOT KNOWN RAJ VILLA,NC - 149,S.B.I.COLONY,NEAR -GAYATRI MANDIR,P.S.KANKARBAGH,PATNA 7. AJEET KUMAR , S.D.P.O. S/O NOT KNOWN BANMANKHI,P.S.BANMANKHI, DISTT-PURNIA ----------- For the Petitioner:- Mr. Ajay Kumar Thakur, Adv. Mr. Ravi Ranjan-I, Adv. Mr. Amir Alam, Adv. Mr. Amit Kumar, Adv. For the State:- G.A.-8 ------------- 2. 4.11.2010 Heard learned counsel for the petitioner and the State. The petitioner is stated to belong to the Reserved Category in the Police service and was appointed as Deputy Superintendent of Police by direct recruitment pursuant to examination conducted by the B.P.S.C. in 1984. In the year 1994 he was unauthorizedly absent for certain periods stated to be from 5.7.1994 to 10.7.1994. 2 Departmental proceedings were initiated against him. The enquiry report has been submitted on 8.2.2008 concluding that no charges were made out. The disciplinary authority accepted the finding and by formal order dated 16.9.2008, the charges were dropped and the proceedings were closed. On 17.11.2008 the petitioner is stated to have represented to be considered for promotion as Senior Deputy Superintendent of Police and Assistant Superintendent of Police. Further claim is raised in the writ petition for the grant of 2nd A.C.P. The petitioner is stated to have again represented on 12.9.2009. The petitioner is then stated to have been promoted to the post of Senior Deputy Superintendent of Police on 27.11.2009. The surviving claim is for promotion to the post of Assistant Superintendent of Police and 2nd A.C.P. only. If the petitioner has been exonerated in the departmental proceedings and there is no other legal impediment in consideration of his case for promotion attributable to the petitioner, let his case for promotion to the post of Assistant Superintendent of Police as also for grant of 2nd A.C.P. be considered within a maximum period of 3 four months from the date of receipt and/or presentation of a copy of this order and appropriately orders passed in accordance with law. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)