IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15222 of 2009 1. ANUP KUMAR SHARMA S/O LATE LAJDHARI PRASAD SHARMA VILL- GOSAI TOLA, KIUL BASTI, P.O. & DISTT. LAKHISARAI, PRESENTLY POSTED AS UPASTHAPAK (ASSISTANT) TO THE JUVENILE COURT, LAKHISARAI Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR LAKHISARAI 2. THE COLLECTOR LAKHISARAI 3. THE ADDL. DISTRICT MAGISTRATE (ESTAB) LAKHISARAI 4. THE SUB DIVISIONAL OFFICER LAKHISARAI 5. THE BLOCK DEVELOPMENT OFFICER PIPARIYA LAKHISARAI 6. THE NAZIR BLOCK OFFICE, PIPARIYA, LAKHISARAI ----------- 2. 27.11.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the denial of the benefit of time bound promotion and A.C.P. The respondents by the impugned order dated 24.9.2009 have denied him the benefits on the ground that he had not passed the departmental examination and exemption from the same after 50 years of age was not mandatory but was voluntary. Additionally his annual reports were not available and that there were allegations against him of laxity in work and disobeying superiors. Learned counsel submits from Paragraph-6 of the writ application that there is nothing adverse against the petitioner, In any event, nothing has been communicated to him. What is contended in the impugned order amounts to a minor punishment. This entails at least a show cause notice and opportunity to satisfy the authority. There is no pleading in the writ application that the petitioner has cleared the requisite departmental examination. The exemption provided for in the rules for persons over 50 years of age 2 has been interpreted by this court not to be automatic as a matter of right but is a grant to be made on consideration after an application for exemption is filed. If the petitioner files an application for exemption, from passing the requisite departmental examination to be considered for promotion, this Court requires the authorities to consider the same in accordance with the stipulations and conditions provided in the circulars with regard to grant or non-grant of exemption. In so far as the issues of laxity and alleged disobedience against the petitioner are concerned, only if the petitioner had been given a show cause notice with an opportunity to reply, and after considering which the order dated 24.9.2009 passed, the authorities can take the same into consideration while deciding the exemption application. If this procedure has not been followed by the authorities, they shall be precluded from taking into consideration the aforesaid materials of his conduct when the consideration will have to be confined to the exemption application. Let compliance be done by the respondents 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.)