IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20658 of 2011 1. Harinder Singh Son Of Late Bindeshwar Singh A.S.I. Sultanganj Police Station, Sultanganj, District Bhagalpur. Versus 1. The State Of Bihar Through Director General Of Police, Bihar, Patna. 2. Regional Inspector General Of Police, Eastern Zone, Bhagalpur. 3. Deputy Inspector General (Personnel), Bihar, Patna. 4. Deputy Inspector General Of Police, Eastern Zone, Bhagalpur. 5. Superintendent Of Police, Bhagalpur. 6. State Of Jharkhand Through Superintendeing Of Police, Dhanbad, Jharkhand. ---------------------------------- 2. 16.12.2011 Heard learned counsel for the petitioner and the State. Rather than to ask for a counter affidavit, in the only question of law raised, the Court considers it proper to dispose off the writ application at this stage itself by remanding it to the authorities for appropriate consideration. It is submitted that the due date of eligibility to be considered for promotion to the post of Sub Inspector of the petitioner is 10.12.2004. The Departmental Promotion Committee on a belated consideration done on 6.1.2009 affirmed the aforesaid date. If on the aforesaid date there were no allegations against the petitioner much less any memo of charge or departmental proceeding, any alleged occurrence of 17.8.2008 2 and the departmental proceeding on that basis leading to an order of punishment may affect the future but cannot affect the accrued right where admittedly promotion was denied due to the fault of the respondents due to belated consideration. Let the respondents consider the grievance of the petitioner in light of the contention as on 10.12.2004 there were no departmental proceedings pending against him and that any proceedings subsequent thereto of 17.8.2008 cannot affect his claim for promotion from the former date. Let the respondents pass appropriate reasoned and speaking orders within a maximum period of 12 weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)