IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11105 of 2009 VINOD KUMAR JHA, AGE-42 YEARS, S/O LATE KAMAL NARAYAN JHA, SUPTD. OF EXCISE (INCHARGE), PRESENTLY POSTED AT MUNGER, PERMANENT RESIDENT OF VILLAGE-MAHATHWAR, P.S- GHANSHYAMPUR, DISTRICT-DARBHANGA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY- CUM-COMMISSIONER OF EXCISE, GOVT. OF BIHAR, PATNA. 2. THE COMMISSIONER-CUM-SECRETARY, EXCISE, GOVT. OF BIHAR,PATNA. 3. THE COLLECTOR, BETTIAH. ... ... RESPONDENTS. ----------- 2. 1.9.2009. Petitioner is serving as Superintendent of Excise Incharge. His case for promotion as Superintendent Excise has not been considered as he has been punished with minor punishment under order bearing Memo No.441 dated 24..1.2007 (Annexure-5), which has also been affirmed in appeal as would appear from the contents of Memo No.4722 dated 22.10.2008 (Annexure-6). It is submitted on behalf of the petitioner that while considering the case of the petitioner for promotion, the Departmental Promotion Committee was conscious of the fact that the petitioner has been punished in the aforesaid order but the punishment could not affect his chances for promotion with effect from the due date as - 2 - the due date for promotion is prior to the date of allegation as also the order of punishment and such fact would appear from the recommendation for promotion as contained in Annexure-7/A, but the recommendation has not found favour with the departmental authorities so submitted learned counsel for the petitioner. In this connection, reliance is placed on the instructions of the Personnel Department contained in letter No.3644 dated 30.4.2005 where under it has been observed that the punishment of loss of increment have effect during the period of allegation and not with retrospective effect. Highlighting the grievance about the failure of the authorities to consider the case of the petitioner for promotion in the light of the instructions of the State Government bearing letter no.3644 dated 30.4.2005 petitioner has filed representation dated 2.1.2009 (Annexure-8)which is addressed to the Secretary, Department of Excise. In the representation dated 2.1.2009(Annexure-8) it has been submitted that minor punishment of increment loss should not affect the - 3 - N.H./ chances of promotion with retrospective effect. Let the Secretary of the Excise Department consider the representation of the petitioner dated 2.1.2009 (Annexure-8)in the light of the recommendation of the Departmental Promotion Committee (Annexure- 7/A) as also the circular of the State Government bearing letter no.3644 dated 30.4.2005 issued by the Personnel and Administrative Reforms Department as early as possible in any case within two months from the date of receipt/production of a copy of this order. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)