“That with regard to statement made in para 8, 9, 12, 13, 16 of the reply of petitioner about promotion on post of Assistant Conservator of Forest it is submitted that in para 6 and 7 of counter affidavit it has been mentioned that name of petitioner was considered for promotion by the Departmental Promotion Committee under chairmanship of Bihar Public Service Commission but his name was not recommended for promotion. In this regard it has been mentioned in para 8 and 9 of the counter affidavit that ACR of the period 89-90, 90-91 and 91-92 of petitioner was adverse which was communicated to him. The ACR of year 92-93 and 93-94 was found to be average. Further a departmental proceeding was pending against him in which he has finally been awarded penalty as has also been admitted by petitioner in Para 10 of his reply. Hence, under the criteria of merit cum seniority for promotion under the Rules the persons who were found meritorious than petitioner, though junior to petitioner, were recommended for promotion on the post of Assistant Conservator of Forests by the DPC held under chairmanship of Bihar Public Service Commission.”
