IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11940 of 2009 SHIV RATAN PRASAD, S/o- late Ram Jatan Prasad, resident of Village, P.O. and P.S.- Forbesganj, District- Araria :---- Petitioner. Versus 1. THE STATE OF BIHAR through its Chief Secretary, Old Secretariat Building, Patna. 2. The Secretary in the Personnel and Administrative Reforms Department, Govt. of Bihar, Old Secretariat Building, Patna 3. The Under Secretary in the Personnel and Administrative Reforms Department, Govt. of Bihar, Old Secretariat Building, Patna :---- Respondents. ----------- 03. 11.09.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is a member of the Bihar Administrative Service. He is aggrieved by the order bearing Memo No. 8561 dated 27.08.2009, Annexure-6, whereunder his request for grant of ad hoc promotion in the light of the circular of the State Government dated 11.09.2002, Annexure-4 has been rejected observing that he is accused in the Vigilance P.S.Case No. 01 of 2005 and Alauli P.S.Case No. 75 of 1985 and in both the cases prosecution has been sanctioned by the Law Department of the State Government under Memo No. 208 dated 06.11.2006 and Letter No. 2485 dated 20.07.2006 and as in both the criminal case charge-sheet has been submitted for serious financial irregularities, the State Government having considered the case of the petitioner on 08.01.2008 refused his request for grant of ad hoc promotion. The same situation prevails even now. In the circumstances petitioner is not entitled for being considered for ad hoc promotion in the light of Paragraph 5 of the circular letter dated 11.09.2002 as was directed by this Court contained under order dated 20.07.2009 passed in C.W.J.C.No. 8304 of 2009, Annexure-5. 3. Learned counsel for the petitioner submitted that the case - 2 - of the petitioner was not considered in the light of paragraph 5 of the circular which enables the State Government to refuse promotion to a Government servant against whom criminal prosecution is pending, only if the promotion granted is not in public interest and the charges are serious. Aforesaid submission of the learned counsel, in my opinion, is in teeth of the findings recorded by the authorities in paragraph-9 whereunder with reference to the order granting sanction in the two criminal prosecution launched against the petitioner for serious and grave financial irregularities, the authorities having considered the seriousness of the prosecution for financial irregularity have decided not to grant the petitioner ad hoc promotion. In the facts and circumstances of the case, this Court cannot sit in appeal over such exercise of discretion by the authorities and in such view of the matter, I dismiss the writ application. P.K.P. (V.N.Sinha,J.)