IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1366 of 2007 Amarjeet Kumar Sinha, son of Late Bhuwneshwar Prasad, at present Incharge Regional Chief Engineer, Public Health Engineering Department, Bhagalpur … …. Petitioner Versus 1. The State Of Bihar, through the Chief Secretary, Government of Bihar, Patna 2. The Commissioner-cum- Secretary, Public Health and Engineering Department, Government of Bihar, Patna 3. The Deputy Secretary, Public Health and Engineering Department, Government of Bihar, Patna 4. The Bihar Public Service Commission, through its Secretary, Bailey Road, Patna …. ….. Respondent ----------- For the Petitioner :M/s Rajendra Prasad Singh, Sr. Advocate & Mukesh Kumar Singh, Advocate For the State :Mr. Kumar Kaushik, A.C. to G.P. XI For the BPSC :Mr. Sanjay Pandey, Advocate 02/ 27.07.2011 Heard learned counsel for the petitioner, the State and the Bihar Public Service Commission (hereinafter referred to as the BPSC). 2. Petitioner at the relevant time served in the grade of Superintending Engineer in the Public Health Engineering Department of the State Government. He has filed this writ petition praying, inter alia, to direct the State respondents to consider his case for promotion on the post of Chief Engineer with effect from 17.12.2004, the date on which the said post became vacant. 3. By filing counter affidavit, State-respondents have refuted the prayer made in the writ petition with 2 reference to the punishment order bearing Letter No. 108/97-91 dated 3.3.2006, Annexure-A to the counter affidavit whereunder petitioner was visited with punishment of stoppage of two annual increments with cumulative effect as also censure which was recorded in the service book for the year 1996-97. It is submitted by the counsel for the State, with reference to the circular of the State Government bearing No. 3644 dated 30.4.2005, Annexure-B to the counter affidavit, that punishment of stoppage of increments imposed on the petitioner shall come into effect from the date of punishment. In the instant case, punishment of stoppage of increments was imposed on the petitioner on 3.3.2006, his case for promotion on the post of Chief Engineer could not have been considered with effect from 17.12.2004. It is, however, conceded by the counsel for the State that no sooner the effect of the punishment imposed on the petitioner under order bearing letter No. 108/97/91 dated 3.3.2006, Annexure-A to the counter affidavit is over, case of the petitioner for promotion on the post of Chief Engineer shall be considered. 4. Having heard counsel for the parties, I direct 3 the State- respondents to consider the case of the petitioner for grant of promotion on the post of Chief Engineer with effect from the date, the effect of the punishment imposed under order dated 3.3.2006, Annexure-A to the counter affidavit is over, as early as possible, in any case within three months from the date of receipt/ production of a copy before the Principal Secretary of the Department, Respondent no.2. 5. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)