IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17077 of 2009 1. SHATRUGHAN PRASAD PANDEY S/O SRI UMA KANT PANDEY R/O BAGMATI SITACHOWK, HAJIPUR, P.S- HAJIPUR, DISTT- VAISHALI Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ROAD COSNTRUCTION DEPARTMENT, VISHWESHARAIYA BHAWAN, BAILEY ROAD, PATNA 2. THE ENGINEER IN CHIEF, ROAD CONSTRUCTION DEPARTMENT, VISHWESHARAIYA BHAWAN, BAILEY ROAD, PATNA 3. THE DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 4. THE CHAIRMAN BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA ----------- For the Petitioner:- Mr. Rupak Kumar, Adv. Mr. Nishant Kumar, Adv. For the State:- Mr. P.K. Verma, AAG-XI Mr. S.R. Sharma, AC to AAG XI For the BPSC:- Mr. K.B. Nath, Adv. --------------- 2. 2.2.2010 Heard learned counsel for the petitioner and the State. The petitioner claims the relief to be considered for promotion for the post of Assistant Engineer from 7.7.2008 when his juniors have been promoted. Learned counsel submits that there are no departmental proceedings against the petitioner and neither he is under suspension. He has been made an accused in Ganga Bridge P.S. Case No. 308/91. On the date that his juniors were being considered for promotion and have been promoted, no charge sheet had been submitted against the petitioner in the criminal case. Charge sheet has been submitted subsequently only on 30.7.2008. Placing reliance on the Government instruction 2 dated 11.9.2002 with reference to Paragraph-2 of the same, he submits that Clause-A and B of the same do not apply to him and Clause-C has been qualified with reference to the date of the submission of the charge sheet when the proceedings shall be deemed to be pending against him. Learned counsel for the State is unable to make any submission in absence of any instruction with regard to the assertion of absence of any departmental proceedings or suspension or other ineligibility of the petitioner. If there be no other legal impediment making the petitioner ineligible for consideration, and charge sheet has been submitted against the petitioner subsequently on 30.7.2008, let the case of the petitioner be considered for promotion in accordance with law from the date that his juniors may have been promoted within a maximum period of three months from the date of receipt/production of a copy of this order. If the respondents propose to deny him consideration on any other ground apart from the same, let them pass a reasoned and speaking order within the same period. The writ application stands disposed. P. Kumar (Navin Sinha, J.)