IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16915 of 2009 1. UMESH KUMAR RAI S/O LATE RADHA RAI R/O MOHALLA- KAUTILYA NAGAR, P.S.- SHASHTRI NAGAR, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY (MANAGEMENT CELL) ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA ----------- 2. 29.01.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The grievance of the petitioner is that notwithstanding the order in CWJC No. 529 of 2009 and the directions contained therein, the departmental proceedings remained inconclusive for the fault of the respondents sought to be substantiated from Annexure 7 series, the enquiry proceeding prejudicing consideration of the claim of the petitioner for promotion to the post of Executive Engineer. Learned Counsel for the State points out that this Court in CWJC No. 529 of 2009 had not precluded continuance of the proceeding after the period of four months as directed therein but the consequence stated was that the suspension shall stand lapsed. Learned Counsel for the State is correct in his submission. But, the order clearly directs a timely completion of the departmental proceeding with appropriate direction to proceed ex parte also if necessary. The enquiry proceedings at Annexure 7 series to the writ petition does not satisfy this Court as in CWJC No. 529 of 2009 adequate directions have already been given for that eventuality also. The writ application is disposed with a direction that the respondents are duty bound to comply the order of this Court in CWJC No. 529 of 2009 at the risk of non-compliance of the order4s of this Court. This is considered necessary so as not to prejudice the claim of the petitioner to be considered for promotion. Snkumar/- (Navin Sinha,J.)