IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2196 of 2010 1. VISHWANATH PASWAN S/O LATE HARO PASWAN R/O VILL.- MANANIYATARI, P.S.- KAWAKOLE, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPTT., BIHAR, PATNA 3. THE DIRECTOR (ADMINISTRATION) CUM JOINT SECRETARY, HUMAN RESOURCES DEPTT., BIHAR, PATNA ----------- 2/ 16/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. The prayer in the writ application is for a direction to be considered for grant of A.C.P. It is acknowledged that there is a departmental proceeding pending against the petitioner. The Bihar State Employees Conditions of Service (Assured Career Progression Scheme)Rules, 2003 in Rule-4, Sub-rule-(5), Explanation-II contemplates withholding of such consideration on grounds of pendency of disciplinary proceeding. At this stage no positive orders can be passed to consider the prayer for grant of A.C.P. unless the departmental proceedings are concluded. A departmental proceeding cannot be kept pending for an unduly long period of time. It is neither in the interest of the employer or the employee. This Court therefore directs the departmental proceedings to be concluded expeditiously, within a - 2 - period of six months in accordance with Government Circulars regulating the same, to be computed from the date that the petitioner presents a copy of the present order before the concerned respondent provided the petitioner himself cooperates. The writ application is disposed. KC ( Navin Sinha, J.)