IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7664 of 2009 BAIDYA NATH SAH, S/o- Late Ramchandra Sah, resident of Mohalla- Shanti Nagar, Khagri Road, P.O.+ P.S.- Danapur Cantt., District- Patna, at present residing at L.R.P. Colony, Raza Bazar, P.O.+ P.S.- Motihari, District- East Champaran :--- Petitioner. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Public Works Department, Bihar, Patna. 3. The Engineer-in-Chief-Cum-Special Secretary-cum-Additional Commissioner, Road Construction Department, Govt. of Bihar, Patna. 4. The Chief Engineer, National High Way Wing, Govt. of Bihar, Patna. 5. The Superintending Engineer, N.H.Circle, Muzaffarpur. 6. The Executive Engineer, N.H.Division, Motihari. 7. The Screening Committee of N.H.Circle, Muzaffarpur, represented through the Superintending Engineer, N.H.Circle, Muzaffarpur:--Respondents. ----------- For the petitioner :-1. Mr. Anil Kumar, Advocate. 2. Mr. Shyam Kishore Das, Advocate. 3. Mr. Rajeev Ranjan Advocate. For the State : Mr. Tej Bahadur Roy, A.C. to A.A.G.-XI. ===== 2. 09.07.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner, who is a Correspondence Clerk is aggrieved by the office order bearing No. 04 dated 1.6.2009, Annexure-6 whereunder the Assured Career Progression granted to him under Memo No. 377 dated 30.5.2007, Annexure-2 in the scale of Rs. 5,000-8000/- has been withdrawn on the ground that he has not passed the departmental examination. 3. It is submitted on behalf of the petitioner with reference to the Bihar State Employees Service Condition (Grant of Assured Career Progression) Rules, 2003 as contained in Annexure-7 and the amended Rules of 2006 as contained in Annexure-7/A that it is not necessary to pass departmental examination for grant of ACP and for failure of the petitioner to pass the departmental examination, already granted first ACP ought not to have been withdrawn by the impugned - 2 - order, Annexure-6. Against the impugned order, Annexure-6, which has been passed by the Superintending Engineer, N.H. Circle, Muzaffarpur petitioner has a remedy before the Engineer-in-Chief cum Special Secretary cum Additional Commissioner, Road Construction Department, Govt. of Bihar, Patna, respondent no.3. 4. Having heard counsel for the petitioner and the State, it is observed that petitioner should first assail the impugned order, Annexure-6 by filing a representation before respondent no.3, which should be considered as early as possible, in any case within one month from the date of receipt of the representation. During the pendency of the representation petitioner is at liberty to request the respondent no.3 to even grant interim relief. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)