IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15585 of 2005 HARENDRA SINGH Versus BHOJPUR ROHTAS GRAMIN BANK &ORS ----------- 06 28-07-2008 Petitioner is aggrieved by an order dated 15.7.2004 by virtue of which his case for promotion along with four other employees was deferred by adopting a sealed cover procedure. Two things are not denied that there is a criminal case pending against the petitioner since the year 1988 which has not attained finality and secondly that a chargesheet has been issued against the petitioner for further act of omission and commission on 26.11.2004 as contained in annexure-H to the counter affidavit. The Court has serious reservation whether the chargesheet dated 26th November, 2004 can be utilised for adopting a sealed cover procedure against the petitioner because the decision in this regard has been taken on 15.7.2004 much before the chargesheet had been issued. But then it has to be seen as to when departmental proceeding was contemplated in the matter with regard to 26th November, 2004 chargesheet. While giving liberty to the petitioner to approach this Court again with regard to his claim of promotion and adoption of sealed cover procedure the Court is of the opinion that pending matters against the petitioner should reach to a conclusion at the earliest because it will be both in the interest of employer as well as the employee to bring to rest such issues of discipline. The writ application is disposed of with a direction upon the - 2 - respondent Madhya Bihar Gramin Bank to facilitate conclusion of the departmental inquiry as also the criminal matter which is pending adjudication for almost 20 years. The outcome of the proceeding as indicated above shall govern the future course of action with regard to the claim of promotion of petitioner from the date in question. Respondent bank is at liberty to bring to the notice of the trial court the present order so that appropriate steps are taken by the trial court to conclude more than 20 years old trial. Needless to say that the respondents will facilitate the conclusion of the departmental inquiry by following the procedure in the regard and co-operation of the petitioner is also expected in such matter to facilitate removing the cloud over the petitioner’s claim for promotion. The writ application is disposed of. rkp (Ajay Kumar Tripathi, J)