IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4811 of 2009 Shiv Bachan Pandit . Versus The State Of Bihar & Ors . ----------- 2. 26.07.2011 Heard learned counsel for the petitioner and the State. The claim in the application is to be considered for promotion to the post of Sub Inspector (Rail). Counsel for the petitioner contends that on the date of eligibility i.e., 16.11.2007 he fulfilled all requirements for promotion and that there were no departmental proceedings pending against him much less any charge sheet issued or even a show cause notice which culminated in a charge. Relying on the order of punishment in a subsequent departmental proceedings dated 24.7.2011, he submits that the cause of action for the alleged punishment was dated 31.3.2008, subsequent to the date of consideration for promotion i.e., 16.11.2007. A belated consideration by the Departmental Promotion Committee cannot prejudice his case for promotion. If he had been considered on the due date, he would be eligible in all respects. The order of punishment has originated in a memo of charge dated 31.3.2008 only. Counsel for the State from the counter 2 affidavit submits that the petitioner has been punished by order dated 24.7.2011. Considering the date of occurrence that is 31.3.2008, the punishment comes to an end on 31.3.2011 and the petitioner has been promoted with effect from 1.4.2011 vide District order No. 1680 dated 24.7.2011. If what the petitioner contends be correct and there was no departmental proceedings pending against him, or a charge sheet issued much less any show cause notice prior to 16.11.2007 and on which event the order of punishment dated 24.7.2011 is founded so as to maintain continuity between the same, there can be no justification for denial of consideration for promotion from 16.11.2007. The delayed consideration permitting subsequent events to intervene do not wipe out the eligibility as existed on 16.11.2007. Directions are therefore issued to consider the case of the petitioner in accordance with law as discussed in the present order from the due date within a maximum period of six weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)