IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1282 of 2010 1. KAMAL KISHORE SHARMA S/O SRI JAGESHWAR SHARMA R/O VILL.- KUSAR, P.S. KARPI, DISTT.- ARWAL, PRESENTLY WORKING AS EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DEPTT., GOVT. OF BIHAR, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, PUBLIC HEALTH ENGINEERING DEPTT., GOVT. OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA 3. THE FINANCE SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 4. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL SECRETARY, PUBLIC HEALTH ENGINEERING DEPTT., GOVT. OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA 5. THE DEPUTY SECRETARY, PUBLIC HEALTH ENGINEERING DEPTT., GOVT. OF BIHAR, BISHWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA ----------- 3. 31.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner who held the post of Executive Engineer was due for consideration for promotion to the post of Superintending Engineer. While his juniors were so promoted, the pendency of a departmental proceeding against him was an impediment, leading to consideration of his case by the Departmental Promotion Committee in January 2008 in sealed cover. The departmental proceeding culminated in an order of punishment dated 2.3.2009 of censure, for the charge year 1999-2000 to be entered in his character rolls. The order of punishment dated 2.3.2009 came to be quashed by this Court in CWJC No. 14102 of 2009 on 6.11.2009 leaving the petitioner on a completely clean slate for appropriate action on recommendation of the Departmental Promotion Committee upon opening of the sealed cover. Counsel for the State submits that a fresh memo of charge has been issued against the petitioner on 21.1.2010 with regard to allegations of the year 2008. Departmental proceeding commence on the issuance of a chargesheet. If the petitioner becomes eligible to be considered for promotion in view of the minor punishment from the year 2003 he cannot be denied such consideration in the year 2008. Even the latter ground of punishment sought tobe urged on behalf of the respondents stands set at naught by order of this Court dated 6.11.2009. Any fresh departmental proceeding initiated on 21.1.2010 cannot have any effect on a claim for promotion prior to the same. This Court therefore holds that the petitioner is entitled to be considered for promotion in light of the recommendation of the Departmental Promotion Committee held in January 2008 after opening the sealed cover. Let the same be done and the petitioner upon opening of the sealed cover if otherwise eligible be granted promotion along with consequential monetary benefits if found fit from the date that his juniors have been so promoted. Let this order be complied with within a maximum period of two months from the date of receipt and/or presentation of a copy of this order. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)