Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Mandamus, directing the respondent to promote the petitioner to the post of senior inspector of Co-Operative Societies on par with his juniors notwithstanding the pendency of the criminal proceedings with effect from the date on which his juniors came to the promoted with all consequential service and monetary benefits. 2. It is not in dispute, that the petitioner was departmentally proceeded, where minor penalty was imposed. The submission of petitioner is, that the period of the minor punishment has expired, therefore, there is no justification with the respondent not to consider the case of petitioner for promotion from due date. 3. This contention cannot be accepted. Admittedly, criminal case was pending against the petitioner. According to the statutory rules governing the service condition of an employee, the person, against whom criminal case is pending cannot be considered for promotion, therefore, no direction as prayed for can be issued, as on acquittal, petitioner can claim promotion with retrospective effect. 4. The writ petition, as framed cannot be entertained, as this Court in exercise of writ jurisdiction, cannot issue a writ in the nature of Mandamus, directing the respondent to ignore statutory rules to promote the petitioner. 5. Consequently, finding no merit in this writ petition, it is ordered to dismissed. However, this order shall not bar the petitioner to claim promotion from the due date in case of acquittal in the pending criminal case. 6. No costs.