1. Heard counsel for the parties and perused the order impugned.

2. Prayer of the writ petitioner appellant to grant promotion from 1.2.2002 on the post of Chief Engineer was rejected by the respondent Bihar State Electricity Board (hereinafter referred to as the Board).

3. The writ petition filed by the appellant was dismissed by the order im- pugned mainly on the ground that since punishment of warning was awarded and entry was made in the ACR, the writ petitioner appellant would not be entitled even for notional promotion.

4. Learned counsel for the appellant submitted that it is admitted fact that there was no departmental proceeding or crimi- nal case pending against the appellant on the day the first DPC took place i.e. on 22.1.2002. It is further submitted that an explanation was called for from him vide Boards letter no. 4193 dated 22.12.2001 on the question of irregular payment towards Switch Yard at Koshi Hydel Power Station. He submitted his explanation vide letters no. 2232 dated 29.12.2001 and 167 dated 11.2.2002. The explanation so furnished by the appellant was accepted. However, a warning was given and the same was entered in the ACR for the year 2000-2001.