IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3218 of 2011 Avinesh Kumar Verma, Son of Late Chandra Kishore Prasad, Resident of Mohalla Flat No.302, Rameshwaram Apartment Mandal Compound Boaring Road, P.S. Budha Colony, District Patna.1, at present posted as Superintending Engineer, Public Health Engineering Department, Saharsa, Circle Saharsa…………………………………………………..………..Petitioner Versus 1. The State Of Bihar. 2. The Principal Secretary, Department of Public Health Engineering, Government of Bihar, Visheshwariaya Bhawan, Patna. 3. The Deputy Secretary, Department of Public Health Engineering, Government of Bihar, Visheshwaraiya Bhawan, Patna. 4. The Joint Secretary of the Department of Public Health Engineering, Government of Bihar, Visheshwariya Bhawan, Patna. 5. The Departmental Enquiry Commissioner, Government of Bihar, Old Secretariat, Patna………………………………… ……………………………….Respondents ----------- For the Petitioner: M/s Banwari Sharma & Rajeev Kumar, Advocates For the State: Mr. Shashi Bhushan Kumar, S.C. No.7 2 28.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. From Annexure-4 it appears that a departmental proceeding under Rule 17 of the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005 has been initiated against the petitioner. It appears that a Departmental Enquiry Commissioner has been appointed as Conducting Officer. 2 Learned counsel for the petitioner submits that the Departmental Enquiry Commissioner is not competent to hold enquiry in terms of the resolution of the General Administration Department, Government of Bihar, Patna contained in letter no. 3/M-162/2005-6956 dated 21.10.2008. He also submits that the petitioner has already filed an objection in this regard before the Chief Secretary and has also filed his show cause to the charges. He submits that while this proceeding is pending, Departmental Promotion Committee is going to consider the cases of eligible candidates for promotion to the post of Chief Engineer. Therefore, the case of the petitioner may be considered, if he comes within the zone of consideration, pending final result of the proceeding. Learned counsel for the respondents submits that till the proceeding is pending, petitioner cannot be granted promotion. However, he does not deny that his case can be considered and a sealed cover procedure can be 3 adopted in his case pending final result of the enquiry. In the circumstances, the writ application is disposed of with a direction to the respondents to consider the said objection of the petitioner and thereafter proceed in the enquiry expeditiously and conclude the same preferably within a period of three months from the date of receipt/production of a copy of this order. In the meanwhile, if the petitioner otherwise comes within the zone of consideration, the Departmental Promotion Committee shall consider the case of the petitioner and will adopt a sealed cover procedure in his respect. BT (J. N. Singh, J.)