IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1513 of 2010 1. BASUDEO DAS S/O LATE MOTI RAM R/O VILL ALAM NGAR, P.S ALAM NAGAR, DISTT- MADHEPURA, PRESENTLY POSTED AS A DEPUTY SECRETARY, PLANNING & DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE JOINT SECRETARY, PERSONNEL & ADMINISTRATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA ----------- 2/ 29/07/2010 Heard learned counsel for the petitioner and learned counsel for the State. Departmental proceedings were initiated against the petitioner on 21.8.2008. He has superannuated on 31.3.2010. While in service, he was entitled to be considered for promotion to the rank of Joint Secretary but it was kept in sealed cover in connection with the departmental proceedings. The application of the circular dated 11.9.2002 with regard to direction for grant of ad hoc promotion if the proceedings have remained pending more than two years from the date of issuance of memo. of charges is not very relevant for consideration at this stage in view of the admitted fact that departmental - 2 - proceedings against the petitioner have been concluded and the enquiry report submitted. It remains for the disciplinary authority to take a final decision on the same. In view of the fact that earlier there was a direction of this Court in C.W.J.C. No.15387/08 dated 31.1.2009 to complete the departmental proceedings in four months, without going into issues as to why the proceedings got delayed etc., the application is disposed with the direction to the disciplinary authority to conclude the departmental proceedings within a maximum period of one month from the date of receipt/presentation of a copy of this order In the facts and circumstances of the present case where the petitioner is stated to have superannuated when full application of the circular dated 11.9.2002 cannot be passed, this Court does consider it proper to direct that if the disciplinary authority does not take a final decision in the departmental proceedings within a period of one month, as directed above, the respondents are directed to consider the application of the petitioner for ad hoc promotion. The writ application stands disposed. KC ( Navin Sinha, J.)