IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9483 of 2009 GIRISH PRASAD GUPTA, Son of late Ram Prasad Gupta, resident of village/ Mohalla – Punai Chack, P.S. Shastrinagar, District – Patna. … Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. The Deputy Secretary, Water Resources Department, Govt. of Bihar, Patna. 4. The Chief Engineer, Water Resources Department, Bhagalpur. 5. The Superintending Engineer, Irrigation Circle, Jamui. 6. The Executive Engineer, Irrigation Division, Garhi (Jamui). 7. The Bihar Public Service Commission through its Chairman, Bailey Road, Patna. 8. The Accountant General, Bihar, Patna. … Respondents. ----------- 02/ 10.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated while serving as Executive Engineer with effect from 31.7.2002. His promotion on the post of Superintending Engineer was not considered as it was recommended that his case stood rejected by the D.P.C. vide minutes dated 16.5.2000 and 28.9.2004 as would appear from the chart appended with the recommendation made by the department to the Bihar Public Service Commission as contained in letter dated1.6.2007, Annexure-6 to this application. 3. Learned counsel for the petitioner states that such presumption on behalf of the department that the case of the petitioner stood rejected by the D.P.C. under minutes dated 16.5.2000 and 28.9.2004 is absolutely incorrect as at the relevant time petitioner was under a proceeding and his case was not considered by the D.P.C. as would appear from the proceeding dated 7.6.2000, Annexure-2 - 2 - relevant entries are at page 34 of the brief vide item no. 206 which clearly indicate that his case was not considered by the D.P.C. as petitioner was under proceeding in terms of Rule 55A of the Civil Services Classification and Appeal Rules and also at page 41 of the brief vide item no. 8. Later petitioner was exonerated in the proceeding as would appear from notification of the State Government bearing no. 602 dated 8.6.2005, Annexure-5. It is submitted on behalf of the petitioner that even after exoneration under notification dated 8.6.2005 the case of the petitioner for grant of promotion on the post of Superintending Engineer is not being considered, although persons junior to him have been so promoted namely, Ram Narayan Singh, Ramjee Pandey and others. 4. Let the competent authority of the Water Resources Department consider the case of the petitioner for grant of promotion on the post of Superintending Engineer in the light of the notification of the State Government bearing memo no. 602 dated 8.6.2005m Annexure-5 as early as possible, in any case before the next meeting of the Department Promotion Committee and thereafter matter be recommended to the Bihar Public Service Commission and the Commission is directed to take decision in the matter as early as possible, in any case within two months from the date of receipt of the recommendation. 5. This writ application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)