IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6377 of 2007 Dr. Deo Nandan Prasad Mahto son of late Misri Prasad Mahto, permanent resident of village- Baniapatti, Police Statioin- Krityanand Nagar, District- Purnea, presently residing in Mohalla- Pokharia, near Press Club, Begusarai, Police Station- Begusarai Town, District Begusarai …. Petitioner Versus 1. The State Of Bihar 2. Commissioner-cum- Secretary, Animal Husbandary and Fisheries Department, Government of Bihar, Patna 3. Additional Secretary, Animal Husbandary and Fisheries Department, Government of Bihar, Patna 4. Secretary, Animal and Fisheries Department, Government of Bihar, Patna 5. Deputy Secretary, Animal Husbandary and Fisheries Department, Government of Bihar, Patna 6. Regional Director, Animal Husbandary Department, Darbhanga, District Darbhanga 7. Special Officer, Intensive Cattle Development Block, Barauni, District Begusarai 8. Accountant General, Bihar, Birchand Patel Path, Patna …. Respondents ---------------------------------- For the petitioner :Mr. Gyanand Roy, Advocate For the State :M/s Tej Bahadur Singh, AAG-7 & Brisketu Sharan Pandey, Advocate For the Accountant General :M/s Amaresh Kumar Sinha & Sanjay Kumar, Advocates 03/ 02.12.2011 Heard learned counsel for the petitioner and the State, who has filed supplementary counter affidavit on behalf of Respondent no.4, which is taken on record. Petitioner is aggrieved by the communication of the proceedings of the Departmental Promotion Committee dated 8.3.2007 2 under Memo No. 866 dated 8.3.2007, Annexure-1 whereunder his request for grant of 2nd time bound promotion has been rejected with reference to the punishment order dated 14.9.1998, although in paragraph 3 of the said proceedings, for 14.9.1998, 16.4.1998 has been typed, which appears to be a typing mistake. It is submitted on behalf of the petitioner that the punishment imposed on the petitioner under order dated 14.9.1998 was quashed by the High Court under orders dated 29.4.2004 passed in C.W.J.C. No. 4900 of 1999, Annexure-10 and there was nothing against him on the basis of which his 2nd time bound promotion could not have been granted with effect from 29.4.1995, the date on which his other junior colleagues were granted 2nd time bound promotion. In the light of the aforesaid submission, I have no option, but to quash the order, bearing Memo No. 866 dated 8.3.2007, Annexure-1, which is, accordingly, quashed and the authorities of the Animal Husbandry Department are directed to reconsider the grant of 2nd time bound promotion to 3 the petitioner with effect from the due date in accordance with law, as early as possible, in any case within two months, as has been stated in the supplementary counter affidavit filed today. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)