IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1259 of 2010 1. Yogendra Baitha S/O Late Machhu Baitha,Aged About 60 Years R/O Vill.-+P.O.-Kalapahar,P.S.-Jandaha,Dist.- Vaishali,Bihar. …………Appellant Versus 1. The State Of Bihar 2. The Chief Secretary,Govt.Of Bihar,Patna. 3. The Agriculture Production Commissioner,Department Of Agriculture,Govt.Of Bihar ,Patna. 4. The Director,Agriculture ,Department Of Agriculture ,Govt.Of Bihar,Patna. 5. Deputy Secretary,Department Of Agriculture,Govt.Of Bihar,Patna. ………..Respondents. ----------- 03/ 5th August 2011 This Letters Patent Appeal has been preferred against judgment and order dated 05.07.2010 passed in CWJC No. 1782 of 2004 whereby the writ petition has been dismissed. Learned counsel for the appellant challenges that the learned single judge has calculated three years from the date of punishment which de hors the Notification dated 10.02.2010 which provides that the period of three years shall be counted from the year to which the misconduct relates and example has been given in the same Notification that if the charges relates to 2002-2003 financial years, three years will be completing up to 2005-2006 which explains the computation of three years. Thus, the judgment of the learned single Judge is set aside. Since learned counsel for the appellant has not brought on record the charge-sheet which could 2 disclose the year of misconduct, therefore, we are not in a position to record any finding with regard to the completion of three years. Accordingly, the appellant is relegated to make representation along with copy of charge-sheet and the authority shall count the period of three years as per Circular dated 10.02.2010 and if on the calculation the effect of the censure is found to be exhausted by efflux of time then he shall be given notional promotion. No other ground is pressed. perwez (Prakash Chandra Verma, J.) (Aditya Kumar Trivedi, J.)