IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4014 of 2010 1. SURESH KUMAR CHAUDHARY S/O LATE JAGDEO CHAUDHARY R/O VILL. 'WEST OF MANU KUTIR' AT AND P.O. ANISABAD, P.S. GARDANIBAGH, DISTT.- PATNA. AT PRESENTLY POSTED AS UNDER SECRETARY, PLANING AND DEVELOPMENT DEPTT., OLD SECRETARIATE, GOVT. OF BIHAR, PATNA Versus 1. THE STATE OF BIHAR 2. SECRETARY, PERSONEL AND ADMINISTRATIVE REFORMS DEPTT., OLD SECRETARIATE, BIHAR, PATNA 3. UNDER SECRETARY TO THE GOVT. OF BIHAR, PERSONEL AND ADMINISTRATIVE REFORMS DEPTT., OLD SECRETARIATE, BIHAR, PATNA ----------- 2/ 23/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks the relief for grant of salary of the post of Under Secretary along with other consequential benefits with effect from 3.9.2004 being the date from which his juniors have been promoted. Learned counsel for the petitioner submits that on account of the pendency of a departmental proceeding against him, his case was considered for promotion by the Departmental Promotion Committee under sealed cover on 6.8.2004 and 27.4.2005. The petitioner has been exonerated in the departmental proceedings by final order dated 30.12.2005. The respondents have given him promotion on 18.5.2006 but with effect from 17.6.2005. Learned counsel for the State submits that the petitioner is entitled to his promotion from the date of exoneration. - 2 - Other facts of the case are not in dispute and therefore need not be discussed. The only question is what was the purpose of keeping his case for promotion in sealed cover and what shall be the effect of opening of sealed cover after a report of exoneration. The law stands too well settled. It is unfortunate that the respondents in their counter affidavit are taking a stand contrary to well established law. If the petitioner has been exonerated, the law mandates full effect to the sealed cover. The petitioner is held entitled for promotion to the post of Under Secretary with full consequential benefits from the date that his juniors have been promoted. Let this order be complied with within a maximum period of two months from the date of receipt/presentation of a copy of this order. This Court is again constrained to direct the registry to prepare a complete copy of the brief to be made a compulsory case study for framing of the State Litigation Policy so that in future such counter affidavits with grounds contrary to well settled law are not filed before the Court contesting a settled proposition on frivolous grounds. KC ( Navin Sinha, J.)