IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3754 of 2007 Virendra Kumar Singh, SON OF LATE RAM NARESH SINGH, RESIDENT OF VILLAGE- EKDERWA, P.S. THAWE, DISTRICT- GOPALGANJ:====PETITIONER. Versus 1. The State Of Bihar THROUGH THE SECRETARY-CUM- COMMISSIONER, WATER RESOURCE DEPARTMET, BIHAR, PATNA. 2. THE JOINT SECRETARY, MANAGEMENT CELL, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 3. THE UNDER SECRETARY, WATER RESOURCES DEPARTMENT, BIHAR, PATNA :---RESPONDENTS. ---------------------------------- For the petitioner :- M/S. Dhananjay Kumar & Sunil Prasad, Advocates. For the State :- Mr. Anjani Kumar, A.A.G.-X Mr. Sunil Kumar, A.C. to A.A.G. X. ===== 2. 26.09.2011. Heard learned counsel for the petitioner and the State, who has filed counter affidavit, which is taken on record. 2. During the pendency of the writ petition, petitioner superannuated while serving as Assistant Engineer with effect from 31st January, 2011. This writ petition has been filed praying, iner alia, to direct the State-respondents to consider the case of the petitioner for grant of promotion on the post of Executive Engineer, as juniors to him have already been so promoted on current charge basis under notification of the Government dated 27.12.2003, Annexure-5/a. Further prayer in the writ petition is that if for any reason promotion on the post of Executive Engineer is not allowed to the petitioner, then he be allowed at least benefit of time bound promotion until 31.12.1995 and A.C.P. with effect from 1.1.1996 until the date of his superannuation on the ground that earlier petitioner was not allowed such promotion for the 2 reason that he was made accused in Vigilance P.S.Case No. 15,16, both of 1987, pending in the Court of Vigilance Judge, North Bihar, Muzaffarpur. 3. It is submitted on behalf of the petitioner that for the identical charges which is the basis of the aforesaid vigilance cases petitioner was also proceeded departmentally under Rule 55A of the Rules after placing him under suspension under Departmental Order No. 221 dated 28.7.1990 and for the same charges he has been punished under Order No. 126 bearing Memo No. 321 dated 5th February, 1999, Annexure-1 by imposing the punishment of censure to be recorded in his Service Book for the year 1986-87, recovery of Rs. 12,000/- and stoppage of punishment for three years with further direction that petitioner shall not receive any salary for the suspension period beyond the Subsistence Allowance. In Paragraph 5 of the said order it has been observed that further decision shall be taken in the matter afterwards in the light of the result of the criminal case. It is further submitted on behalf of the petitioner that he has already undergone the punishment of stoppage of promotion for three years under order dated 5.2.1999, Annexure-1 and his case is required to be considered for grant of time bound promotion until 31.12.1995 and A.C.P. with effect from 1.1.1996 until the date of his retirement. The aforesaid two vigilance cases were lodged against the petitioner and others as far back in the year 1987 for the 3 same allegations for which petitioner was proceeded against under Departmental Letter No. 2881 dated 12.09.1997, in response whereto he submitted his reply and the punishment order dated 5th February, 1999, Annexure-1 has already been passed. 4. The two criminal cases are pending in the Vigilance Court for over 24 years and there is no likelihood of the cases coming to an end in near future. In the circumstances, this Court has no option but to direct the authorities to consider the case of the petitioner for grant of time bound promotion until 31.12.1995 and A.C.P. for the period between 1.1.1996 till the date of his superannuation as early as possible, in any case, within two months from today but the monetary benefits granted to the petitioner in the light of such consideration shall be subject to the result of the criminal cases and to that effect petitioner is required to submit an undertaking before the departmental authorities. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)