IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2172 of 2010 1. NARESH PANDIT S/O SRI RAM BRIKSH PANDIT R/O VILL.- FATEHPUR, P.S.- KRAIPARSURAI, HILSA, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR 2. SECRETARY ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA 3. THE DEPUTY SECRETARY ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA ----------- 2/ 13/08/2010 Heard learned counsel for the petitioner and learned counsel for the State. The only relief sought is to consider the petitioner for benefit of A.C.P. when his junior one Dinesh Prasad Singh has been granted the same. Learned counsel for the petitioner is right in his submission that the pendency of any criminal case may not be relevant for purposes of A.C.P. which is basically an anti stagnation measure and not a substantive promotion unless there be any specific departmental regulation prohibiting consideration of A.C.P. also for reason of pendency of a criminal case. Let such consideration be done and appropriate orders passed within a maximum period of three months from the date of receipt/presentation of a copy of this order provided the petitioner represents for the same within a maximum period of three weeks. The application stands disposed. KC ( Navin Sinha, J.)