IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8934 of 2010 DILIP KUMAR S/O LATE DHIREN KUMAR R/O VILL. AND POST KORHA, P.S. KORHA, DISTT.- KATIHAR AT PRESENT POSTED AS ASSISTANT ENGINEER ROAD DIVISION, ROAD CONSTRUCTION DEPARTMENT, PURNEA ……………. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, HAVING HIS OFFICE AT VISHWESHSARAIYA BHAVAN, P.S. SHASTRI NAGAR, DISTT.- PATNA 2. THE FINANCE COMMISSIONER, GOVT. OF BIHAR, HAVING HIS OFFICE AT OLD SECRETARIAT, P.S. SACHIVALAYA, DISTT.- PATNA 3. THE ENGINEER-IN-CHIEF, ROAD CONSTRUCTION DEPARTMENT, HAVING HIS OFFICE AT VISHWESHSARAIYA BHAVAN, P.S.- SHASTRI NAGAR, DISTT.- PATNA 4. THE BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS CHAIRMAN, HAVING HIS OFFICE AT 15 BAILEY ROAD, P.S.- SHASTRI NAGAR, DISTT.- PATNA ………RESPONDENTS ----------- 3. 15/04/2011 Petitioner has filed this writ application for quashing Annexure-1, a reasoned order passed by the Engineer-in-Chief-cum-Special Secretary of the Road Construction Department, by which the benefits of second A.C.P. has been denied to the petitioner primarily on the ground that there was a departmental proceeding against the petitioner in which he was held guilty. Learned counsel for the petitioner submits that the said order of punishment and the departmental proceeding stands quashed by this Court now by an order passed in C.W.J.C.No.1881 of 2010 dated 12.8.2010, a copy whereof is Annexure-9 with the supplementary affidavit. Learned counsel for the respondents also 2 admits that the order of punishment of the petitioner has now been quashed by this Court. In that view of the matter, the ground for denying second A.C.P. to the petitioner as mentioned in the impugned order becomes non est. Therefore, the order, as contained in Annexure- 1, is quashed. Learned counsel for the petitioner submits that since now the petitioner is Assistant Engineer, his appointing authority will be the Government and as such the Principal Secretary, Road Construction Department has to consider the matter. In the circumstances, this writ application is disposed of with a direction to the Principal Secretary, Road Construction Department to reconsider the claim of the petitioner for grant of second A.C.P. afresh and pass appropriate orders for the same in accordance with law preferably within a period of three months from the date of receipt/production of a copy of this order. Pradeep/ ( J. N. Singh,J.)