IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4049 of 2010 1. HARI KISHORE SINGH S/O SHRI CHANDRA DEO SINGH RESIDING AT ANISABAD, NEAR POLICE COLONY, P.S. GARDANIBAGH, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY PATNA 2. THE PRINCIPAL SECRETARY WATER RESOURCE DEPARTMENT, GOVT. OF BIHAR 3. THE ACCOUNTANT GENERAL BIHAR, PATNA ----------- 2/ 23/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. A counter affidavit is stated to have been filed on behalf of the respondents. It is not available on record. The Court therefore requested the learned counsel for the State to make available his copy for perusal so as not to hold up the proceedings on that ground. The office is directed to trace out the counter affidavit and place it on record. Let a Xerox copy of the counter affidavit placed during submissions be kept on record. The claim is to be considered for grant of A.C.P. with effect from 9.8.1999. The petitioner is stated to have represented for the same. Learned counsel for the petitioner submits that in the departmental proceeding three punishments were imposed by order dated 21.5.2003. Censure was to be entered into the character roll for the year of the - 2 - charge i.e. 1987-1988. Promotion was to be denied for seven years, certain recoveries were ordered. He submits that if the charge year was 1987-88, it debars him for promotion for three years from the year of the charge. There cannot be a further denial of promotion for seven years from the date of the order making a total of ten years of denial of promotion. He submits that the seven years shall have to be computed in the nature of the punishment from 1987-88. That period gets completed prior to 9.8.1999. The ground mentioned in the counter affidavit at paragraph-10 is that all formalities requisite for a regular promotion are to be followed for grant of A.C.P. also. Learned counsel for the petitioner appears right in his submission that even conceding the aforesaid ground to the respondents, he cannot be kept deprived of promotion in the manner sought to be done. This Court holds that the period of seven years has to be computed from the year-1987-88. The period expiring prior to 9.8.1999, the petitioner is required to be considered for grant of A.C.P. in accordance with law from the due date. Let the same be done and consequential monetary benefits be paid within a maximum period of - 3 - four months from the date of receipt/presentation of a copy of this order. The writ application stands allowed. KC ( Navin Sinha, J.)