IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11670 of 2009 SATYENDRA KUMAR S/O LATE GHURA RAM R/O VILLAGE- PANWARI, P.S.-SIKRAHTA, DIST.- BHOJPUR (ARAH). ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, GOVT. OF BIHAR, WATER RESOURCES DEPARTMENT, PATNA. 2. THE DEPUTY SECRETARY TO GOVT. OF BIHAR, WATER RESOURCES DEPARTMENT, PATNA. 3. THE JOINT SECRETARY TO GOVT.(MANAGEMENT), GOVT. OF BIHAR, WATER RESOURCES DEPARTMENT, PATNA. 4. THE ENGINEER IN CHIEF, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. ... ... RESPONDENTS. ----------- 3. 10.9.2009. Heard learned counsel for the petitioner and the State. Petitioner is presently serving as Assistant Engineer(Civil), Ganga Pump Canal Road Division, Suryagarha Camp, Munger under Water Resources Department of the State Government and has filed this writ application for a direction to the State respondent to consider his case for promotion on the post of Executive Engineer as his other juniors have already been so promoted under Government notification bearing Memo No.1890 dated 9.6.2009, but the case of the petitioner was not considered when the other juniors were promoted as it is said that he has suffered minor punishment under - 2 - Government Notification No.29 dated 16.1.2009 (Annexure-3) and 39 dated 22.1.2009 (Annexure-4) where under besides censure his two increments have been with-held without cumulative effect or with none cumulative effect. In this connection, it is pointed out with reference to the Government circular bearing letter No.3644 dated 30.4.2005 that the minor punishment imposed on the Government servant cannot be taken into account while considering his case for promotion on the higher post and as per the averments made in paragraph-17 of the writ petition, it is only on account of the order with-holding two increments with none cumulative effect he has not been promoted on the post of Executive Engineer although his other juniors have already been so promoted. In this connection, petitioner has filed representation dated 18.7.2009 (Annexure-9), which is addressed to the Joint Secretary of the Department and the same has not yet been considered. In the circumstances, I dispose of the writ application with direction to the - 3 - N.H./ petitioner to file another detailed representation annexing the earlier representation dated 18.7.2009 (Annexure-9) as also annexing the circular letter referred to above in this order with a request to the authorities to consider the same and as also his case for promotion on the post of Executive Engineer within a reasonable time in any case within two months from the date of receipt of the fresh representation along with a copy of this order. ( V.N. Sinha,J.)