IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1222 of 2002 BALBODH THAKUR son of Late Ganga Thakur, resident of Muraitha, Police Station, Jale, Dist-Darbhanga…………………………………… Petitioner Versus 1)THE STATE OF BIHAR & ORS 2)The Secretary, The Public Health Engineering, Department, the State of Bihar, Baily Road, Patna. 3)The Engineer-in-Chief, The Public Health Engineering, Department, the State of Bihar, Baily Road, Patna. 4)The Regional Chief Engineer, The Public Health Engineering, Department, the State of Bihar, Baily Road, Patna. 5)The Superintendent Engineer, Gaya Circle, Police Line, Gaya. 6)The Executive Engineer, The Public Health Engineering, Department, the State of Bihar, Baily Road, Patna. ----------- 3/ 23-Oct-08 Nobody appears on behalf of the petitioner. Learned counsel for the State has submitted that in his records there is a copy of counter affidavit but it is not mentioned when it was filed in the office. No counter affidavit is available on record. On the basis of averments in the copy of counter affidavit it has been submitted by learned counsel for the State that petitioner was superseded by his juniors and not promoted in the year 1979 because he secured less marks. It was further submitted that subsequently petitioner received promotion in the year 1990 and against alleged supersession of 1979 the 2 writ petition has been filed in the year, 2002. Since no body appears on behalf of the petitioner this writ petition is dismissed for non prosecution. perwez (Shiva Kirti Singh, J.)