IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7929 of 2011 Vinod Kumar Paswan Versus The State Of Bihar & Ors ---------------------------------- 2 16.8.2011 Heard learned counsel for the parties. There is no dispute on this fact that petitioner was awarded punishment of withholding of three increments with cumulative effect on 23.5.2008 in terms of annexure-3 to the writ application. The D.P.C. had met and decided to grant promotion in October, 2010. By that time an amendment to Bihar Government Servants (Classification Control & Appeal) (3rd Amendment) Rule 2010 was notified on 10th February, 2010. The necessary notification categorically indicates that no promotion shall be considered during the period of operation of the penalty i.e. for the number of years, the increments are withheld. Only after expiry of the period of penalty it will be possible to consider the claim for promotion from the due date. The stand of the State is that the petitioner could not be granted promotion in the said D.P.C. as the effect of punishment still subsists. They are willing to consider the claim of the petitioner no sooner the punishment has run out in terms of the amended rule noted above. It is not that the case of the petitioner that he is not going to be considered or issue stands closed for him. State has already indicated that his claim will be considered in the next meeting of D.P.C. and by that time the effect of punishment would have exhausted itself. Let the respondents consider the claim of the petitioner in 2 the next round of deliberation. Learned counsel for the Bihar Public Service Commission also supports the stand of the State. This writ application stands disposed of with the above observation. RPS (Ajay Kumar Tripathi, J.)