IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12484 of 2009 DEO NARAYAN RAM Versus THE STATE OF BIHAR & ORS ----------- 02/ 05.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was proceeded with departmentally for unauthorized absence by memo no. 6303 dated 24.12.2008. It is his further case in paragraph 14 and 17 of the writ application that thereafter no steps have been taken for conducting and concluding the departmental proceeding expeditiously so much so that no Presenting Officer or Enquiry Officer has even been appointed. He held the post of an Inspector on the relevant date. On 2.7.2009 the authorities have considered and found him fit for promotion to the post of Deputy Superintendent of Police but it has been kept in sealed cover/ abeyance because of the pendency of the departmental proceeding. The grievance, therefore, is of double victimization by keeping the departmental proceeding pending for no fault of the delinquent and depriving him to be considered for the benefit of the promotion simultaneously. Counsel for the State has no objection to the disposal of this writ application with direction to the respondents to conclude the departmental proceeding within a maximum period of four months from the date of receipt/production of a copy of this order. The fate of the promotion of the petitioner shall abide by the result of the departmental proceeding. - 2 - If the departmental proceeding is not concluded within a period of four months, and the petitioner has adequately cooperated and is not responsible for the delay in disposal of the departmental proceeding, the authorities shall then be bound to make available the benefit of the promotion to the petitioner in accordance with law. The writ application stands disposed off with the aforesaid directions. DKS/ (Navin Sinha, J.)