IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13009 of 2009 ARBIND KUMAR SINHA Versus THE STATE OF BIHAR & ORS ----------- 2. 9.10.2009 Heard learned counsel for the petitioner and the State. The petitioner was charge sheeted on 23.11.2005 to which he replied on 6.12.2005. The proceedings have ultimately culminated in an order of minor punishment dated 22.12.08. The contention in this writ application is that as on 23.9.2008 when the D.P.C. met and considered his juniors who have also been granted promotion but declined to consider the case of the petitioner, there was no proper proceeding pending against the petitioner in light of certain procedural instruction issued by the State Government for conduct of departmental proceedings as appended at Annexure-8. It is acknowledged that the order of punishment dated 23.9.2008 stands as of date and that the petitioner proposes to challenge the same in a separate writ application. Once the departmental proceeding has fructified into an order of punishment any alleged procedural irregularities become irrelevant so long as the final order of punishment stands. The procedural irregularities can be stated to stand legally cured in law by the final order of punishment. It is only in any challenge to the final order of 2 punishment that this aspect can be gone into. The petitioner claim for promotion can be considered only in accordance with law after expiry of the period of time for consideration in context of the minor punishment. Should the order of punishment itself be set aside in a challenge by an order of Court of law before that time the matter would be entirely different. There is no merit in the writ application in its present form. It is accordingly dismissed as the issue stand at the present date. P. Kumar (Navin Sinha, J.)