Uday Sinha, J.

1. This is an application under Articles 226 and 227 of the Constitution by an officer of Bihar Subordinate Judicial Service. The respondents to this application are the State of Bihar, the Patna High Court and Mr. Shambhu Prasad Singh, retired Judge of this Court.

2. The prayers of the petitioner originally were firstly, to issue a writ of mandamus upon the State of Bihar to promote the petitioner as Additional District Judge : secondly, a writ of mandamus upon the High Court to confirm the petitioner as Subordinate Judge and thirdly, to quash the suspension of the petitioner effected by the order of the High Court dated 21-2-1980 (annexure-2). Subsequently the petitioner filed an application for amendment of the writ application. The amendment prayed for was to add the prayer for quashing the departmental proceeding initiated against the petitioner by the High Court by order dated 21-2-1980 which is annexure-5 to this application. The amendment petition was filed on 17-9-1981. The order for initiation of departmental proceeding having been passed on 21-2-1980 was very much in existence when the petitioner was suspended. That prayer, therefore, should have b