IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6416 of 2009 SANJIVAN CHOUDHARY Versus THE STATE OF BIHAR & ORS ----------- 2 21/5/2009 Heard counsel for the petitioner, counsel for the State as also counsel for the Commission. The only issue which would draw attention of this Court with regard to decision of the departmental promotion committee holding the petitioner not fit for promotion is as to whether the petitioner was eligible for being promoted on the post of Chief Engineer. It is not in doubt that the petitioner was punished in a departmental proceeding by order dated 5.9.2008 wherein he was not only censored but also was subjected to stoppage of five increments with non cumulative effect as also recovery of loss caused to the Government of Rs. 10,563/-. Such order of punishment was definitely subsisting on the date the departmental promotion committee met to consider the cases of Superintending Engineer for being promoted to the post of Chief Engineer. The promotion on the post of Chief Engineer is not to be based on seniority alone. A person being Superintending Engineer must qualify on merits and at least service records must be impeackable. Thus if the departmental promotion committee having noticed the aforementioned order of punishment and other relevant materials did not find the petitioner fit for promotion, no error can be found in such decision. 2 That being so, this application being wholly misconceived is hereby dismissed with an observation that if order of punishment is set aside in future the petitioner will be entitled for being reconsidered for promotion in accordance with law. Abhay Kumar (Mihir Kumar Jha, J.)