IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1919 of 2001 BALCHAND RAM Versus THE STATE OF BIHAR & ORS ----------- 3/ 1/9/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was proceeded against departmentally on three charges. Orders of punishment came to be passed on 26.10.1999. In appeal, the order of punishment came to be modified on 2.12.2000. Of the three charges, two related to financial matter while the third related to a truck carrying G.I. pipes which went missing. On the appeal the appellate authority held that the petitioner was responsible to the extent of 50% of the value of the G.I. pipes assessed at 3.06 lacs, and the extent of the liability of the petitioner shall depend upon the success to be achieved in the Money Suit preferred by the State against the transporter. A supplementary affidavit filed today states that the Money Suit No.22/95 has been decreed for the entire amount of 3.06 lacs. To that extent, the claim of the petitioner has substance and he is not entitled to reimburse any amount to the respondents. To that extent the appellate order has been rendered ineffective its own terms. Insofar as the denial of promotion for three years is concerned, this Court is satisfied that it is inextricably linked with charges 1 and 2. Since the charges have financial implications, this Court is not persuaded to grant relief to the petitioner by quashing the same on the premise that the petitioner has since retired from - 2 - Government service on 31.8.2004. It is not in controversy that the enquiry report was never made available to the petitioner. If that be so, there has been procedural irregularity only. The writ petition is disposed with direction to the respondents to make available the enquiry report to the petitioner in respect of charges 1 and 2 within a maximum period of six weeks from the date of receipt/production of a copy of this order. From the date that the enquiry report is made available to the petitioner, he shall submit his show cause within a period of four weeks thereafter. After the show cause is filed, let the respondents pass fresh appropriate orders, in accordance with law, within a maximum period of eight weeks thereafter. For that limited purpose only the order withholding promotion for three years is set aside to enable a fresh appropriate decision, in accordance with law. It is made clear that the order debarring promotion has not been set aside on merits which matter shall abide before the fresh final decision, to be taken by the respondents. KC ( Navin Sinha,J )