IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2912 of 2004 TIMOTHY MARANDI Versus THE STATE OF BIHAR & ORS ----------- 4/ 8/8/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner came to this Court aggrieved by the order dated 14.10.2003 cancelling the promotion given to him in the Junior Selection Grade Accounts Clerk by order dated 2.7.1986. The ground was that the petitioner had only partially cleared the departmental accounts examination. The petitioner had originally pleaded that he had sat for the 3rd remaining paper in 2000 and his results were awaited. Therefore, there was no justification for not granting the benefit of promotion. From annexure-11 it is urged that that in the examination in the year- 2000, the petitioner had successfully cleared the 3rd paper also. In that view of the matter, learned counsel for the State has no objection if the order dated 14.10.2003 is set aside and the matter is remanded for the limited purpose with direction to the respondents to consider the - 2 - eligibility of the petitioner in view of the aforesaid, in accordance with law and circulars within a period of three months from the date of receipt/production of a copy of this order. Till such time, no recovery shall be made from the petitioner in pursuance of the order dated 14.10.2003 as originally directed in this writ application on 28.7.2004 as an interim measure. The writ application stands disposed. KC ( Navin Sinha,J )