IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6716 of 2006 RABINDRA PRASAD Versus THE UNION OF INDIA & ORS ----------- 5. 22.09.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the Union of India. The claim in the writ application was for promotion to the rank of Sub Inspector (Ministerial) in the Central Reserved Police Force along with direction to stay the departmental proceedings against the petitioner. Departmental proceedings were initiated when memo of charges were issued on 22.11.2003. For reasons of defect in the memo of charges inasmuch as it was confined to the merit list of eight only, as distinct from the entire selection made, while canceling it by order dated 17.11.2005, as it was simultaneously ordered that a fresh memo of charges be issued against the petitioner which then followed on 26.12.2005. The submission of the petitioner that when he became eligible to be considered for promotion in January 2004 in sealed cover, there were no departmental proceedings pending against him, does not appeal to this Court for the reason of the directions given on 17.11.2005 itself for initiation of fresh proceedings in view of the procedural irregularities committed. In any event, the entire issue has now become academic as the departmental proceedings have concluded and punishment of censure has been imposed on 11.5.2008 which in any event debars him from consideration for promotion for a period of six months only as was acknowledged on behalf of the petitioner himself. If so advised the petitioner may assail the departmental proceedings and the punishment in a freshly constituted writ application. The Court finds no merit in this writ application. The same is accordingly dismissed. Snkumar/- (Navin Sinha,J.)