IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2417 of 2010 1. SHANKAR PRASAD SINGH S/O SRI RAM BACHAN SINGH R/O HA BIB NAGAR, P.S- HUSSAIN GANJ, DISTT- SIWAN, PRESENT WORKING AS EXECUTIVE ENGINEER, ROAD WORKS DEPARTMENT, MOTIHARI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF ROAD CONSTRUCTION, GOVT. OF BIHAR, VISWESAWRAIYA BHAWAN, BAILEY ROAD, PATNA 3. THE CHAIRMAN BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA 4. ENGINEER IN CHIEF CUM ADDITIONAL COMMISSIONER CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, BAILEY ROAD, PATNA 5. THE ENGINEER IN CHIEF, CUM ADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, BAILEY ROAD, PATNA 6. THE JOINT SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, BAILEY ROAD, PATNA 7. DEPUTY SECRETARY, CABINET SECRETARAIT, GOVT.OF BIHAR, PATNA ----------- 02. 19.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that on the date that his case was considered for promotion to the post of Superintending Engineer, by the promotion committee i.e. on 15.7.2009, there were no departmental proceedings much less a charge sheet or even a minor order of punishment in operation against him to require consideration of his case in a sealed cover. His juniors have been promoted, while the petitioner continues to languish. Learned counsel for the State sought to persuade this Court that there were certain 2 recommendations from the Lokayukt, but very fairly concedes that it does not appear that there was any memo of charge issued or a departmental proceedings pending or a minor punishment in operation as on 15.7.2009 to debar consideration of his case by keeping it in a sealed cover. The crucial date shall be the date on which the case was considered for promotion. Let the petitioner’s case for promotion be considered in accordance with law in light of the aforesaid discussion keeping in mind the date from which his juniors have been promoted within a maximum period of two months from the date of receipt/production of a copy of this order. The application stands disposed. P.K. (Navin Sinha, J.)