CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

8 13-01-2026 After hearing the arguments of the learned counsel for the parties for quite some time, it has culled out that the departmental proceedings in question were initiated vide Memo dated 22.03.2007 and the exercise of promotion took place in the year 2008, however, the case of the respondent No.1 could not be considered on account of pendency of the said departmental proceedings leading to the State of Bihar granting promotion from the post of Deputy Collector to the post of Sub- Divisional Officer vide Notification dated 18.12.2008, whereby juniors to the respondent No.1 have also been granted promotion. Thus, it is submitted by the learned senior counsel for the respondent No.1 that in effect the due date of promotion, for the purposes of considering the effect of the order of punishment dated 20.07.2009 would be 18.12.2008, resulting in the effect of punishment of three years bar on promotion coming to an end on 18.12.2011.

2. We find that as per the law laid down by the Hon’ble Apex Court in the case of Union of India and Othe