IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9562 of 2005 LAL BABU ROY son of Late Ramdeo Roy, Resident of Village Harpur Bhinda, P.S. Tajpur, Dist. Samastipur. Versus 1.THE STATE OF BIHAR 2.The Commissioner Cum Secretary, Water Resources Department, Government of Bihar, Patna. 3.The Joint Secretary, Water Resources Department, Government of Bihar, Patna. 4.The Deputy Secretary, Water Resources Department, Government of Bihar, Patna. 5.The Under Secretary, Water Resources Department, Government of Bihar, Patna. ----------- 2 8/12/2009 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application reads as follows:- “That this is an application for issuance of an appropriate writ, order or direction directing the Respondents to promote the petitioner on the post of Executive Engineer which is due since 1991 and Superintending Engineer with effect from 2002 as the petitioner is entitled to get two promotions in the entire tenure of services as has been held by Hon’ble Supreme Court or its monetary benefits the promotion is the incidence of service and even after 30 days of service not a single promotion has been given to the petitioner and also for other consequential benefit for which the petitioner is entitled for.” It would, however, appear that earlier the petitioner had moved this Court in C.W.J.C. No. 5275 of 2000 which was disposed of on 8.3.2001 by making certain 2 observations. From the aforementioned order, Annexure-4 to the writ application, it would however appear that the petitioner was not given any promotion both on account of pendency of a criminal case as also a departmental proceeding. There is no averment in the writ application as with regard to final result of either criminal case or the departmental proceeding, which would mean the petitioner still remains at the same stage at which his earlier writ application was disposed of on 8.3.2001. In that view of the matter, this writ application is disposed of with a liberty to the petitioner to renew his prayer for consideration of promotion before the competent authority only in the light of the decision taken in the criminal case/departmental proceeding. Abhay Kumar (Mihir Kumar Jha, J.)