IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7728 of 2009 RAMANAND MANDAL, SON OF LATE RAMCHANDRA MANDAL, R/V MADHOPUR, P.S. KAJARA, DISTRICT LAKHISARAI, AT PRESENTLY POSTED AS ASSISTANT ENGINEER, ROAD CONSTRUCTION, SUB-DIVISION HILASA, NALANDA, GOVERNMENT OF BIHAR--------PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, RAOD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 2. THE ENGINEER-IN-CHIEF, RAOD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 3. THE JOINT SECRETARY, RAOD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 4. THE DEPUTY SECRETARY(VIGILANCE), RAOD CONSTRUCTION DEPARTMENT, RANCHI------RESPONDENTS. ----------- 02. 09.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is presently posted as Assistant Engineer in the Road Construction, Sub-Division, Hilsa, Nalanda. He has filed this writ application for a direction to the State Respondents to consider his case for promotion on the post of Executive Engineer with effect from 21.11.2008, the date on which his other juniors have been so promoted. 3. It is submitted on behalf of the petitioner that on account of pendency of Golmuri P.S. Case No. 161 of 1992, his promotion on the post of Executive Engineer is not being considered. In this connection, it is pointed out that aforesaid Golmuri P.S. Case No. 161 of 1992 is still under investigation as till date charge sheet has not been submitted in the said case. It is further submitted that petitioner has not been subjected to any departmental proceeding. In the background of the aforesaid two facts it is contended on behalf of the petitioner that the authorities while considering the promotion of his juniors ought to have considered his case for grant of promotion. - 2 - Promotion can be withheld in two eventuality, namely, filing of the charge sheet in a criminal case or service of charge memo in the departmental proceeding. As neither charge sheet has been filed against the petitioner in the criminal case nor he has been subjected to any departmental proceeding, the authorities ought to have considered his case for promotion. Highlighting the aforesaid grievance he has already filed representation addressed to the Principal Secretary, Road Construction Department, which is the nodal department of the Assistant Engineers and the representation is contained in letter No. 39 dated 16.3.2009, Annexure-4. 4. Let the authorities of the State Government consider the grievance of the petitioner as highlighted in the representation dated 16.3.2009, Annexure-4 as early as possible, in any case within one month from the date of receipt/production of a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J)