IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8304 of 2009 SHIV RATAN PRASAD, son of late Ram Jatan Prasad, resident of village, P.O. and P.S. Forbesganj, District Araria 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 Personal and Administrative Reforms Department, Govt. of Bihar, Old Secretariat Building, Patna ----------- 02/ 20.07.2009 Counsel for the State has filed counter affidavit affirmed by Sri Atul Kumar Sinha, Deputy Secretary to the Government in the Personnel and Administrative Reforms Department, Govt. of Bihar, Old Secretariat, Patna, which is taken on record. 2. Heard learned counsel for the petitioner and the State. 3. Petitioner has filed this writ application for a direction to the State respondents to consider his case for promotion as the same is not being considered on account of pendency of criminal case against him. 4. It is submitted on behalf of the petitioner that as the criminal case is pending against him since long, the case of the petitioner for ad hoc promotion ought to have been considered in the light of the circular of the State Government itself dated 11.9.2002, Annexure-11 to this application. 5. Counsel for the State, however, with reference to the averments made in the counter affidavit, submitted that the 2 case of the petitioner for grant of ad hoc promotion has been considered, but the authorities have not found him fit for grant of ad hoc promotion. 6. Along with the counter affidavit, no order rejecting the prayer of the petitioner for grant of ad hoc promotion on account of pendency of the criminal case against him has been produced and annexed with counter affidavit. 7. In the circumstances, I dispose of this writ application with direction to the competent authority to consider the case of the petitioner for grant of ad hoc promotion in the light of the circular of the State Government dated 11.9.2002, Annexure-11 to this application and if the authorities are not inclined to grant ad hoc promotion to the petitioner, pass speaking order indicating reasons for not granting him ad hoc promotion. Necessary orders in compliance of this order be passed as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. Arjun/ ( V.N. Sinha, J.)