IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8391 of 2010 Bijay Kumar Yadav, son of late Biswa Nath Singh Yadav, Mohalla Aga Hussain Ka Chauraha, Ps Chauk, Patna City, Dist. Patna – petitioner. Vs. 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Principal Secretary, Department of Home, Bihar, Patna. 3. The Director General of Police, Bihar, Patna. 4. The Addl. Director General of Police, Head Quarter, Patna. 5. The Inspector General of Police (Head Quarter & Administration), Bihar, Patna. 6. The Bihar Public Service Commission through its Chairman, Bailey Road, Patna – Respondents. 2 21.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is an Inspector in the Police Department. In the gradation list the petitioner is at serial no. 481. 595 persons have been empanelled for consideration for promotion to the post of Deputy Supdt. Of Police. The name of the petitioner does not find place in the said recommendation on the ground that the petitioner was facing a departmental proceeding which would be apparent from Annexure 2 where it has been said that as the petitioner has been inflicted with major punishment in a departmental proceeding, his case can not be considered. Learned counsel for the petitioner refers to an order passed by the appellate authority in Departmental Proceeding No.125/2005 wherein it has been stated that the punishment awarded to the petitioner is set aside. This order was issued vide memo no. 1476, dated 30.8.2008. The order indicates that punishment is set aside on the ground that no opportunity was given to the petitioner in the departmental proceeding. There is a direction that if the D.I.G. of Police, Tirhut Division, Muzaffarpur thinks it proper, he may institute 2 a fresh proceeding. Learned counsel for the petitioner contends that no order has been passed by the D.I.G. of Police to institute a fresh proceeding and as such the petitioner cannot be debarred from consideration for promotion to the post of Deputy Supdt. Of Police, whereas persons junior to him are being considered for the said promotion. I accordingly direct the Director General of Police, Bihar, Patna to pass an appropriate order for consideration of petitioner’s case for promotion to the post of Deputy Supdt. Of Police taking into account that no departmental proceeding is pending against him. Necessary orders will be passed within one month from the date of receipt / production of a copy of this order. It is made clear that in the mean time if the Director of Police or the Board finds that the petitioner is fit for promotion, the authorities in question shall pass appropriate orders promoting the petitioner on the aforesaid post from the date on which other similarly situated persons / juniors to him have been granted such promotion. This writ petition is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)