IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9662 of 2005 Bacchu Prasad Rajak, s/o- Late Dahaur Prasad Rajak, r/o- Chak Musallehpur, P.O.- Mahendra, Patna 800006. ………… Petitioner Versus 1. The State Of Bihar 2. The Commissioner-cum-Secretary, Commercial Taxes Department, Government of Bihar, Patna. …………. Respondents For the petitioner : Mr. S.K. Sharan, Advocate. For the respondent : Mr. Ajit Kumar, A.C. to A.G. ----------- 5 14.07.2011 Heard both sides. Petitioner seeks issuance of appropriate writ/writs, order/orders commanding the respondents to consider his case for grant of promotion in the Super Time Selection Grade Clerk w.e.f. 1.3.1989. It is admitted position that the case of the petitioner was considered for such promotion but the promotion was denied on the ground that a departmental proceeding was pending against him. The authorities kept one post reserved for him. This is evident from Annexure-1. Contention of the petitioner is that petitioner like others were eligible for grant of such promotion w.e.f. 1.3.1989. Admittedly, on that day, there was no proceeding pending against him and as such the deferment of consideration of his case is without any justification. A counter affidavit has been filed which is on record. Learned counsel for the respondent, referring to averments made in paragraphs 5 and 6 of the said counter 2 affidavit, submits that petitioner was facing a proceeding in which final order has already been passed whereby he has been awarded punishment of Censure by order dated 8.10.2004. The submission of the respondent is that the effect of the said punishment would lapse in the year 1995 and the case of the petitioner is required to be considered. From the submissions made on behalf of the parties and the pleadings on record, it does not appear that any proceeding was pending against the petitioner on 1.3.1989 which is the due date of promotion to the next higher scale to which the petitioner was to be considered. It appears from Annexure-1 that a post was reserved for him. In that view of the matter, this Court is inclined to allow the present application in the following terms. Let the respondents consider afresh the claim of the petitioner for grant of promotion to the next higher scale of pay w.e.f.. 1.3.1989 considering the fact that on the said date, there was no departmental proceeding pending against him creating any obstacle in grant of such promotion of scale of pay. The respondents are further directed to consider the case of the petitioner in accordance with the observations made hereinabove within a period of 03 months from the date of receipt/production of a copy of this order. pkj ( Kishore K. Mandal, J)