IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.766 of 2001 RADHA KRISHNA SINGH Versus THE STATE OF BIHAR & ORS ----------- 4. 29.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel appearing on behalf of the Accountant General. The claim in this writ application is for promotion to the post of Superintending Engineer in the Bihar Engineering Service Class I in the Road Construction Department with effect from 24.2.1999, being the date when his juniors came to be promoted without considering his case. He is stated to have superannuated on 31.5.2000. The stand of the respondents in the counter affidavit is that his case could not be considered on account of pendency of the departmental proceedings against him while he was in service which remains inconclusive. Learned Counsel for the petitioner places before this Court an order dated 2.4.2007 in CWJC No. 1293 of 2001 preferred by the petitioner for his pensionery and other retiral dues in which a defence likewise was taken of pending departmental proceedings when this Court by the aforesaid order directed conclusion of the departmental proceedings within a period of three months from the date of service of the ordeer upon the petitioner. Notwithstanding the same the departmental proceedings remains inconclusive for no fault of the petitioner. This Court is not persuaded to grant further latitude to the respondents in view of the aforesaid order of the Court except to the extent noticed hereinafter. The writ application is disposed with the observation that if the pending departmental proceedings are not concluded within a period of three months from today, the case of the petitioner for promotion shall be required to be considered in a manner as if there was no departmental proceedings pending against the petitioner impeding such consideration from the date that his junior may have been promoted and proper orders thereupon in accordance with law including monetary benefits shall be passed. This order of the consequence of non-completion of the departmental proceedings shall be confined in its operation to the issue of promotion only and shall have no bearing on the order dated 2.4.2007 in CWJC No. 1293 of 2001. Snkumar/- (Navin Sinha,J.)