IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9271 of 2010 DEOBANS SINGH S/O LATE DHEO DHAR SINGH R/O VILL.- SHEIKHPURA DHOOP, P.S.- AMNAUR IN THE DISTRICT OF SARAN (CHHAPRA) …………. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY CUM HOME COMMISSIONER (HOME) GOVT. OF BIHAR, PATNA 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE INSPECTOR GENERAL OF POLICE (PERSONNEL AND ADMINISTRATIVE DEPTT.), BIHAR, PATNA 4. DEPUTY INSPECTOR GENERAL OF POLICE (PERSONNEL AND ADMINISTRATIVE DEPTT.), BIHAR, PATNA ……RESPONDENTS ----------- 2. 07/04/2011 Petitioner has filed this writ application for a direction to the respondents to grant him promotion to the rank of Sub- Inspector of Police at least from the date his juniors were granted the same, i.e. with effect from 12.12.2008. Learned counsel for the petitioner submits that in fact the case of the petitioner was considered in the meeting dated 12.12.2008 and he was refused promotion on the ground that a departmental proceeding was pending against him. He submits that it will be evident from Annexure-2 that the said departmental proceeding had ended in 2002 itself and therefore it was an error of record by the Committee by not considering the case of the petitioner for promotion on the ground of any pending proceeding. However, he submits that 2 the petitioner has represented for the same on 3.10.2009, a copy whereof is placed on record as Annexure-3, and his case has been considered by the Departmental Promotion Committee and he has been shown as eligible for promotion with effect from 14.8.2007. However, he has not been allowed to take charge of the higher post on account of a proceeding of 2010 shown to be pending against him. Learned counsel submits that since petitioner has been found eligible for promotion with effect from 14.8.2007, the proceeding of 2010 cannot affect his promotion from the due date. The proceeding will have an effect only in matters in which petitioner becomes entitled after initiation of the proceeding. It will not have any retrospective effect on the entitlement of the petitioner for promotion from an earlier date. This writ application was filed on 21.5.2010 with service of two copies of the same in the office of the learned Advocate General. However, till today no counter affidavit has been filed in the case. Submissions of learned counsel prima facie appear to be correct. However, since no counter affidavit has been filed in the case, 3 petitioner is directed to file representation before the Director General of Police in this regard making above claims as submitted by his learned counsel. If such a representation is filed within four weeks from today, the Director General of Police shall consider the same and pass appropriate orders preferably within two months thereafter. It goes without saying that if the Director General of Police finds that the promotion of the petitioner from the due date shall not be affected by subsequent proceeding of 2010, he will direct the recommendation of the Committee for promotion of the petitioner to be acted upon with all consequential benefits. The writ application is accordingly disposed of. Pradeep/ ( J. N. Singh,J.)