IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1660 of 2009
Deobaran Pandit .
Versus
The State Of Bihar & Ors .
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3. 04.07.2011 None for the petitioner. Counsel for the State
has assisted the Court both from the writ petition and
the counter affidavit.
The petitioner is stated to have
superannuated on 31.8.2003. He is aggrieved by an
order dated 29.12.2004 directing recovery of a sum of Rs.
20,211/- against him under the salary head. Though the
writ petition is not very specific, Paragraph-8 is
suggestive of the fact that the re-fixation of pay scale has
been done without notice to the petitioner.
Counsel for the State from the counter
affidavit fairly acknowledges that there is no specific
denial that any show cause notice was given to the
petitioner before issuance of the impugned order re-fixing
his pay scale and directing recovery.
On that ground only the impugned order
dated 29.12.2004 is held to be not sustainable. It is
accordingly set aside.
Without prejudice to the rights of the
respondents to issue him a fresh show cause notice and
after consideration of the cause shown within the
specified time, failing which it shall be deemed a case
2
where the petitioner has no objections, and then pass a
reasoned and speaking order.
Nothing in this order shall be deemed or
construed as any opinion or observation of the Court on
the merits which remains open for consideration afresh
in accordance with law by the respondents.
The writ application stands disposed.
P. Kumar (Navin Sinha, J.)