IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17574 of 2010 1. Raj Narayan Rakesh S/O Late Ram Bachan Ram R/O Vill.- Chauharmalnagar, P.S.- Phulwarisarif, Distt.- Patna, Presently Posted As Registrar In New Secretariat, Patna Department Of Panchayat Raj, Govt. Of Bihar Versus 1. The State Of Bihar 2. Chief Secretary Govt. Of Bihar, Old Secretariat, Patna 3. Secretary, Personnel And Administrative Deptt. Govt. Of Bihar, Old Secretariat, Patna 4. Secretary Bihar Raj Panchayat Raj, Govt. Of Bihar, New Secretariat, Patna ----------- 2. 29.07.2011 Heard learned counsel for the petitioner and the State. The claim of the petitioner, presently a Registrar in the Department of Panchayati Raj is to be considered for grant of A.C.P. His representation having evoked no response, the present application has been filed. The counter affidavit states that on the same charges a departmental proceeding was initiated and a vigilance case lodged in the year 1997. The counter affidavit then goes on to state that in the departmental proceedings the petitioner has been exonerated and which has been accepted. Based on a vigilance case of 1997, without disclosing the present status of the case, an indefensible stand is taken in the counter affidavit that his case for promotion could not be considered due to the pendency of the vigilance case. The grant of A.C.P. is not a substantive 2 promotion. It is only an anti stagnation measure. Once the respondents have exonerated him in the departmental proceedings, there is no justification for them to withhold the grant of A.C.P. Departmental proceedings are held to test the utility, suitability and capability of the employee. The petitioner has passed that test successfully. A vigilance case may end in his prosecution or acquittal. Let the respondents consider the claim of the petitioner for grant of A.C.P. within a maximum period of two months from the date of receipt/production of a copy of this order. It is further directed that if the respondents find justification in the claim or in any part of the claim, actual monetary benefits from the date of eligibility shall be paid to the petitioner in accordance with law within a maximum period of one month from the date of such decision. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)