IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.494 of 2008 1. The State Of Bihar through Chief Secretary, Govt. Of Bihar, Main Secretariat, Patna. 2. The Secretary, Road Construction Department, Nirman Bhawan, Baily Road, Patna. 3. The Finance Commissioner, Govt. of Bihar, Patna. 4. The Additional Secretary, Deptt. of Road Construction, Govt. of Bihar, Patna. --Appellants Versus 1. Sita Ram Chhaparia S/o Late Prabhu Dayal Chhaparia, R/o Mohalla Road No. 13/C Rajendra Nagar, P.S. Sultanganj, District-Patna. 2. The Accountant General, Bihar, Birchand Patel Path, Patna. --Respondents For the State : Mr. Shashi Bhushan Kumar, SC 7 7 28.06.2011 The present Letters Patent Appeal is filed agaisnt the judgment and order dated 11th April, 2008 passed in CWJC no. 5791 of 2000. The writ petition was filed by the respondent questioning the Notification (Annexure-4) cancelling the promotion order dated 10.01.1997 by which he was granted promotion on 27th August, 1996 in pursuance of the recommendation of the Departmental Promotion Committee held on 16.6.1996. However, even contention was sought to be raised by the appellant herein before the learned single Judge that there was non-availability of the vacancy of the 2 post of Engineer-in-Chief. But, the lerned single Judge has observed that the order of the Government do not base on such reasons and the recommendation of the Departmental Promotion Committee dated 16.6.1996 made in favour of the respondent has not been modified or annulled till date. The learned Standing Counsel has tried to persuade us that the Notification has been cancelled after the order of the Supreme Court in Civil Appeal nos. 1394/1991, 1395/1991 and 16974-75 of 1996 arising out of SLP nos.12448 and 13112 of 1996 but the question remains whether the State Government, before issuing of the cancellation, has referred the matter to the Departmental Promotion Committee indicating the reasons for cancelling the recommendation dated 16.06.1996. In absence of such material to the effect that the State Government has referred the matter back to the Departmental Promotion Committee for its own reason for cancellation of the recommendation, the recommendation of the Departmental Promotion Committee still remain in the field without any modification or verification or annulled. 3 We also had an occasion to go through the Memo of grounds of the Appeal and the same thing is not made by the State in the Memo of Appeal. In absence of such material, we are of the opinion that the order of the learned single Judge cannot be interfered with and the same is confirmed and the Letters Patent Appeal stands dismissed. AAhmad/ (T. Meena Kumari, J.) ( Akhilesh Chandra, J.)