IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.732 of 2010 1. RADHA RAM S/O SRI DAROGA CHOUDHARY R/O NALANDA COLONY, KHAJPURA, P.S.- SHASTRI NAGAR, DISTT.- PATNA AT PRESENT POSTED AS THE SUPERINTENDING ENGINEER, ROAD WORKS CIRCLE, BAGMATI NAGAR CAMP, SITAMARHI, DISTT.- SITAMARHI Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE JOINT SECRETARY (MANAGEMENT) WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE UNDER SECRETARY WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA ----------- 02/ 30.06.2010 Heard counsel for the petitioner and counsel appearing for the State. Counter affidavit has been filed by the State and reply to the counter affidavit by the petitioner. The petitioner has approached this Court for the 3rd time, for same relief. The relief for which the petitioner is repeatedly coming before this Court is for a direction to the respondents to consider his case for promotion to the post of Chief Engineer, with effect from the date juniors to him have been given promotion. In addition to this prayer, the petitioner has prayed for quashing of the order passed by the Principal Secretary, communicated under the signature of Joint Secretary vide Memo No. 2121 dated 18.12.2009, rejecting the representation of petitioner, filed in the light of the direction - 2 - passed in C.W.J.C. No. 14564 of 2009, for considering his case for promotion. Initially the petitioner had approached this Court by filing C.W.J.C. No. 8633 of 2009. The writ application was disposed of making it clear that the punishment of censure for the year 2006-07 will be operative for the period of three years from the date of the incident as has been provided in the resolution of the State Govt. bearing No. 5502 dated 17th May, 1982 issued by the Personnel and Administrative Reforms Department. In the light of this order the respondents were directed to consider the case of the petitioner for promotion on the post of Chief Engineer. Since, the direction of the Court was wrongly interpreted, the petitioner was compelled to file C.W.J.C. No. 14564 of 2009. This writ application was also disposed of directing the respondents to decide the case of the petitioner in the light of the Government Instruction dated 17.5.1982 and the Rules relating to the punishment of censure. Petitioner’s case that the respondents have mis-interpreted the observation made in the writ application and passed order dated 2.9.2009, rejecting his prayer for promotion with effect from the date juniors have been promoted. The interpretation of the - 3 - respondents is that punishment of censure for the year 2006-07 will remain operative till 2010, as such petitioner’s case could not have been considered for promotion in the year 2009. The Rule is very clear in this regard that the year of the order of punishment cannot be excluded while counting three years of the punishment. The Principal Secretary has mis-interpreted the Government Instruction as well as the observation made by the High Court. Considering the fact that duration of punishment will come to an end in the year 2009, the case of the petitioner was fit for consideration for his promotion to the post of Chief Engineer. The impugned order dated 18.12.2009 contained in Memo No. 2121 is quashed. The Respondent No. 2 is directed to consider the case of petitioner for promotion to the post of Chief Engineer from the date juniors to him have been promoted, with all consequential benefits. The order of promotion must be issued preferably within four weeks from the date of production/ communication of this order. DKS/ (Mridula Mishra, J.)