Judgment 1. In this writ petition, the petitioner is aggrieved by the denial of promotion to the post of Inspector with effect from 15.10.1996 with all consequential benefits. 2. The petitioner was kept deprived of the said promotion only on account of pendency of departmental proceeding which ended by the order, of his dismissal passed on 31st July, 2002, contained in Annexure 9, and finally by the order passed on his appeal on 22.11.2002, contained in Annexure 10. By the said order (Annexure 10) the petitioner was taken back in service from the date of his dismissal and treating the entire period since initiation of proceeding as in service and, further, directing for payment of the due salary for the entire period. However, the matter was remitted back for fresh enquiry by some competent officer but, in the meantime, the petitioner retired on 1.5.2003 and no final order could be passed till his retirement. 3. It is contended that though the juniors of the petitioner were promoted from 1996, but he was kept denied of the promotion only on account of pendency of the so-called departmental proceeding. Learned counsel further contended that the letter of the District Accounts Officer to the District Magistrate, Katihar, dated 28th June, 2003, contained in Annexure 11, would show that the proceeding related to a non-governmental organisation and no money of the Government was involved. Further, he submitted that the District Accounts Officer has mentioned in the letter that ho cashbook and other papers were produced and as such it was not possible for him to hold enquiry. 4. Learned counsel for the State, however, has not been able to show that the said proceeding remained pending as it was ever converted into one under rule 43(b) of the Bihar Pension Rules after the retirement of the petitioner. 5. Under such circumstances, in my opinion, the petitioner cannot be kept denied of his due promotion and other consequential benefits arising therefrom. 6. The writ application is, thus, allowed. The respondents are directed to consider the case of the petitioner for promotion alongwith other consequential benefits within six weeks of the receipt/ production of a copy of this order.