IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2407 of 2010 1. SIDHESHWAR PRASAD SINHA S/O SRI BANWARI PRASAD R/O VILL TRILOKICHAK,P.S.TANKUPPA,DISTT-GAYA,AT PRESENTLY POSTED AS ASSISTANT ENGINEER CUM ESTIMATING OFFICER,ROAD CONSTRUCTION DEPARTMENT DIVISION,BIHARSHARIF(NALANDA) Versus 1. THE STATE OF BIHAR ,THROUGH THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT BIHAR,PATNA 2. THE ENGINEER-IN-CHIEF ROAD CONSTUCTION DEPARTMENT BIHAR,PATNA 3. THE JOINT SECRETARY ,ROAD CONSTRUCTION DEPARTMENT BIHAR,PATNA 4. THE DEPUTY SECRETARY (VIGILANCE),ROAD CONSTRUCTION DEPARTMENT BIHAR,PATNA 5. THE SECRETARY,STATE OF JHARKHAND,ROAD CONSTRUCTION DEPARTMENT JHARKHAND,RANCHI 6. THE DEPUTY SECRETARY,STATE OF JHARKHAND,ROAD CONSTRUCTION DEPARTMENT JHARKHAND,RANCHI ----------- 2. 17.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. It is fairly acknowledged that against the order of punishment dated 1.8.2008 stopping three increments with non cumulative effect the petitioner has preferred an appeal/representation on 29.9.2008 and which is pending. It is submitted that pendency of his appeal/representation is prejudicing consideration of his case for promotion even while his juniors have been promoted. Counsel for the State points out that perhaps a review will lie appropriately. The nomenclature is not very relevant. If the petitioner has preferred an application against the punishment whether it be a representation/appeal or reviews and it is pending before the authorities, liberty is given to the petitioner if so advised to supplement the same. Let it be disposed off by the competent authority within a maximum period of two months from the date of receipt and/or presentation of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)