IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7495 of 2011 Radha Nandan Prasad S/o Late Basudeo Prasad R/o Muhalla- Sultanganj, PO- Mahendru PS-Sultanganj, Distt- Patna-6------ ------------------------------------------Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Department of General Administration, Govt. of Bihar, Patna 2. The Joint Secretary, Department of General Administration, Govt. of Bihar, Patna 3. The Deputy Secretary, Department of General Administration, Govt. of Bihar, Patna 4. The Secretary, Depatt. Of Finance, Govt. of Bihar, Patna---------------------------------------Respondents ---------------------------------- 2 19.8.2011 Heard learned counsel for the parties. Claim of the petitioner for grant of first and second ACP may not be gone into at this stage because due to long pendency of a criminal case the petitioner’s service has not been confirmed so far. It is yet another issue that for identical charge the petitioner was also put through the rigors of departmental enquiry, where he has been exonerated. The stand of the State is that due to non-confirmation of the petitioner in service as also the pendency of the criminal case he cannot be given the benefit of promotion under the ACP scheme. If that position is not denied by the petitioner with regard to non-confirmation in service he has to first fight the battle on this count and only when this aspect is sorted out the petitioner can be allowed to claim the other benefit including the claim of ACP. Disposal of this writ application with the observation above in no manner comes in the way of petitioner’s future claim 2 when the occasion arises. The Court also permits the petitioner to assert his right with regard to confirmation. This writ application is disposed of in terms of above. RPS ( Ajay Kumar Tripathi, J.)