IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8506 of 2010 1. SURESH KUMAR SINHA S/O LATE BACHOO SINGH R/O VILL DHONDHARY, P.S. GHOSI, DISTT-JEHANABAD, AT PRESENT POSTED AS SECTION OFFICER, DIRECTORATE OF EMPLOYMENT AND TRAINING (EMPLOYMENT), BIHAR, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT OLD SECRETARIAT, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY TO THE GOVERNMENT , GENERAL ADMINISTRATION DEPARTMENT OLD SECRETARIAT, GOVT. OF BIHAR, PATNA 4. SRI SHEOLAL PRASAD S/O NOT KNOWN POSTED AS UNDER SECRETARY TO THE CHIEF MINISTER, OLD SECRETARIAT, GOVT. OF BIHAR, PATNA 5. BISHWA MOHAN KUMAR S/O NOT KNOWN POSTED AS UNDER SECRETARY IN REVENUE AND LAND REFORMS DEPARTMENT OLD SECRETARIAT, GOVT. OF BIHAR, PATNA ----------- 4/ 20/06/2011 Heard learned counsel for the petitioner and the State. The petitioner was granted promotion as Under Secretary in the Secretariat Cadre by order dated 3.9.2004. He is stated to have joined the promotional post. The promotion came to be cancelled on 15.4.2005, on the ground that the promotion given was ad hoc in nature. It could not be brought to notice that he was under suspension since 7.6.2003 and there was a criminal case, Gardanibagh P.S. Case No.306/03 pending against him. The order of cancellation dated 15.4.2005 was questioned by the petitioner in C.W.J.C. No.7557/05 and which still remains pending consideration. It is submitted that now the petitioner stands acquitted in the criminal case on 9.2.2007 consequent to the quashing of the same by this Court in Cr. Misc. No.46614/06 under Section-482 Cr.P.C. The petitioner was placed under suspension and 2 departmental proceedings were also initiated against him. The charges in the police case were common. In the departmental proceeding he has been punished by order dated 1.8.2007. It is settled law that a departmental proceeding and a criminal case do not stand at par and have to be considered on their own merits as the standard of proof of the two proceedings including the nature of evidence etc. are entirely different. The petitioner has not been honourably acquitted in the criminal trial. He did not face trial at all. The petitioner was granted an ad hoc promotion on 3.9.2004. The cancellation of the promotion as on 15.4.2005 was unexceptionable. The quashing of the criminal case does not detract from the punishment in the departmental proceeding which remains a detriment to consideration of his case for promotion till the effect of the punishment lasts. But, after the effect of the punishment loses its force, the petitioner does have a right to be considered for promotion in accordance with law. The mere pendency of a writ petition before this Court questioning a seniority list of assistants prepared in 2009 in which the name of the petitioner does not find place cannot be justified as a speculative ground to deny him consideration. What may or may not happen thereafter is an entirely different issue. 3 The writ application is therefore disposed with direction to the respondents to consider the case of the petitioner in light of the aforesaid discussion for promotion to the post of Under Secretary within a maximum period of four months from the date of receipt/production of a copy of this order, but in accordance with law. The application stands disposed. KC ( Navin Sinha, J.)