IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9994 of 2005 DEOMUNI RAM . Versus THE STATE OF BIHAR & ORS . ----------- 4. 25.1.2010 Heard learned counsel for the petitioner, for the State and for the Bihar Public Service Commission. The prayer in this application is to consider the petitioner for promotion to the post of Superintending Engineer even while his juniors are alleged to have been promoted. It is not in controversy that he was appointed as a Junior Engineer promoted as an Assistant Engineer and then as an Executive Engineer. While, he held the last post, an F.I.R. was lodged against him in 1991. The departmental proceedings were also initiated against him. This Court in C.W.J.C. No. 10497 of 1992 directed the departmental proceedings to be kept in abeyance awaiting disposal of the criminal matter. It is not in controversy that the criminal matter has remained pending till date. The respondents in their counter affidavit acknowledged the eligibility of the petitioner to be considered but for the criminal proceedings. Therefore his case has been considered by the Departmental Promotion Committee finally on 31.5.2004 and kept in sealed cover awaiting outcome of the criminal case. 2 Learned counsel submits that the State Government has issued a circular in 2002 published in the Gazette on 2004, Clause-5 of which directs that in such cases where criminal matter has remained pending for more than two years after charge sheet the candidate should be considered for ad hoc promotion. The counter affidavit is completely silent with regard to any such notification. If there be a Government notification of the year, 2002 directing consideration of cases for promotion in ad hoc capacity where criminal matter be pending beyond two years, naturally the respondents are required to act accordingly. The writ application is disposed with direction to the respondents to consider the case of the petitioner for such ad hoc promotion in light of the aforesaid discussion and pass a reasoned and speaking order in accordance with law, within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)