IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.908 of 2008 SURESH PRASAD SINGH S/O LATE BADRI SINGH, SELECTION GRADE ASSISTANT, MUZAFFARPUR MUNICIPAL CORPORATION AT + P.O.+ P.S. +DISTRICT – MUZAFFARPUR …………… APPELLANT Versus 1. MUZAFFARPUR MUNICIPAL CORPORATION AT P.W.+ DISTRICT – MUZAFFARPUR 2. THE CHIEF EXECUTIVE OFFICER, MUZAFFARPUR MUNICIPAL CORPORATION AT P.S.+ DISTRICT – MUZAFFARPUR 3. RAJ KUMAR TRIVEDI SON OF LATE GAYA PRASAD TRIVEDI, RETIRED OFFICE SUPERINTENDENT, RESIDENT OF SHERPUR P.S. SADAR, DISTRICT – MUZAFFARPUR ……. RESPONDENTS ----------- For the appellant: Mr. Ajit Kumar Singh, Advocate For the respondent no.1 & 2 : Mr. Prabhat Ranjan – I, Advocate P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 20th November, 2008 Even if we condone the delay in filing the appeal, for which an application for condonation of delay (IA. No.6780 of 2008) has been made, in our considered view, the letters patent appeal does not deserve to be admitted. 2. That the departmental proceedings are pending against the appellant is not disputed by the counsel for the appellant. As a matter of fact, the Single Judge has considered this aspect and held that the promotion to the appellant (petitioner therein) has been denied as he was found not eligible due to pendency of departmental inquiry. 2 3. Consideration of the matter by the Single Judge cannot be said to suffer from any legal flaw justifying interference by us. 4. Letters patent appeal is dismissed in limine. This disposes of I.A. No.6780 of 2008 as well. 5. However, we clarify that in case the appellant is exonerated from the charges of misconduct levelled against him and his record is found unblemished, his case for promotion shall be considered in accordance with rule. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-