IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3812 of 2010 1. KULDIP SINGH S/O LATE BAIDYANATH SINGH R/O SAKETPURI,ROAD NO.3,HANUMAN NAGAR,P.S.PATRAKAR NAGAR,TOWN &DISTT-PATNA Versus 1. THE STATE OF BIHAR ,THROUGH ITS CHIEF SECRETARY OLD SECRETARIAT,PATNA 2. THE DEPUTY SECRETARY,DEPARTMENT OF WATER RESOURCE GOVT. OF BIHAR,PATNA 3. THE UNDER SECRETARY,DEPARTMENT OF WATER RESOURCE GOVT.OF BIHAR,PATNA 4. THE CHIEF ENGINEER ,DEPARTMENT OF WATER RESOURCE GOVT.OF BIHAR,PATNA 5. THE EXECUTIVE ENGINEER ,FLOOD CONTROL DIVISION NO.1 JHANJHARPUR,MADHUBANI 6. THE ASSISTANT ENGINEER (MECHANICAL ),FLOOD CONTROL DIVISION NO.1 JHANJHARPUR,MADHUBANI ----------- 2 17.09.2010 Heard learned counsel for the petitioner and counsel for the State. The petitioner submits that having been appointed in the year 1973 and not granted any promotion, he is entitled to the benefit of first and second A.C.P. after 12 and 25 years of service together with effect from 09.08.1999. It has wrongly been given from 10.04.2001. The respondents have erred in treating a warning given to him in the year 2001 to be entered in his character roll for the year 1999-2000 as a bar to the same. He submits that the matter shall be governed by the Civil Services Classification Control and Appeal Rules, 1930. Rule 49 of the same does not disclose that warning is even a minor punishment. It is next submitted 2 that grant of A.C.P. is an anti-stagnation measure, and has no co-relation with issues relevant for substantive promotion not being a vertical movement. Reliance is placed on an order of this Court in C. W.J.C. No. 8120 of 2006. Learned counsel for the State acknowledges that the claim of the petitioner is being denied only on that ground. This Court holds that warning is no punishment under the Rules of 1930 and that A.C.P. is an anti-stagnation measure not affected by any provision or instruction regulating substantive promotion. The petitioner is held entitled to the benefit of first and second A.C.P. with effect from 09.08.1999. Let the arrears be paid to him within a maximum period of three months from the date of receipt/production of the copy of this order. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)