IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.433 of 2009 DEVANAND PRASAD GHOSH, son of Sri Janardan Prasad Ghosh, resident of Mohalla – Tilkamajhi, P.S. – Kotwali (Tilkamajhi) Distt.+ Town – Bhagalpur …Petitioner - Appellant Versus 1. THE STATE OF BIHAR, 2. The Commissioner-cum-Secretary, Water Resources Department, Govt. of Bihar, Patna, 3. The Divisional Commissioner-cum-Chairman, Kiul-Budua- Chandan Command Area Development Agency (KBC CADA) Bhagalpur, 4. The Secretary, KBC CADA, Bhagalpur, and 5. Sri Santosh Kumar Jha, Incharge Executive Engineer, Chandan Project Division, CADA, Banka …………..….. Respondents ----------- 3. 04.05.2009. The petitioner was suspended on 19.02.2007. Departmental proceedings were pending and charges were framed on 15.3.2007. When he approached this Court by filing a writ petition, being CWJC No. 3191/2007, challenging the aforesaid order of suspension, this Court vide order dated 23.03.2009 directed for disposal of the disciplinary proceedings as expeditiously as possible. Now, during the period of suspension pending enquiry, Respondent No. 5 was made the Incharge Executive Engineer and thereby he became the Controlling Officer of the appellant. It is the case of the petitioner - appellant that the entire proceedings against him were taken due to malafide of the Respondent No. 5. 2 The fact that the petitioner - appellant was suspended pending enquiry is not disputed. If the petitioner is exonerated, he can, of course, represent for reconsideration of his promotion after the enquiry is over, but that is not a ground to say that no promotion shall be effected till the suspension pending enquiry is completed. The work of the department also has to be completed. In view of the above, we see no ground to interfere with the impugned order. This letters patent appeal is dismissed without prejudice to the rights of the petitioner – appellant if he is illegally denied promotion after the departmental enquiry is over. dk ( J.B. Koshy, CJ ) ( Dr. Ravi Ranjan, J. )