IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3363 of 2009 Munni Lal Rajak . Versus The State Of Bihar & Ors . ----------- 3/ 14/07/2011 Heard learned counsel for the petitioner and learned counsel for the State. Despite the filing of the writ application nearly two and a half years ago after serving two copies in the office of the Advocate General and an adjournment for filing a counter affidavit on 20.3.2009 no counter affidavit has been filed till date. The Court is satisfied that any further adjournment today at this belated stage by granting any further latitude to the respondents may raise serious issues with regard to the denial of timely access to justice to the petitioner. The petitioner desires his case to be heard. The Court is ready to hear the matter. The respondents ensure that it shall not be heard because they have not had the leisure to file a counter affidavit. The Court declines the prayer. Learned counsel for the petitioner submits that three punishments for censure were imposed for the period 2003 and 2004 by separate orders passed on 21.7.2004, 12.7.2006 and 10.7.2008. He submits that the period debarring consideration for promotion as 2 Superintending Engineer has to be reckoned from the date for which the censures were entered into the service record. He is therefore entitled to be considered for promotion after 2007 when the punishments worked itself out. It is next submitted that the petitioner questioned one of the punishments in a writ petition unsuccessfully. It confirms his ineligibility till 2007. Two other writ petitions questioning the other two punishments are pending. Even if they are allowed, the first punishment imposed shall still remain a bar to the consideration till 2007. There is no justification not to consider the petitioner for promotion to the post of Superintending Engineer after 2007. The Court finds the prayer of the petitioner to be extremely reasonable and prima facie justified. Mandamus is issued to consider the case of the petitioner for promotion to the post of Superintending Engineer in accordance with law and pass appropriate orders within a maximum period of six months from the date of receipt/production of a copy of this order before the concerned respondent. The writ application stands disposed. KC ( Navin Sinha, J.)