IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2647 of 2009
Gani Rai .
Versus
The State Of Bihar & Ors .
-----------
2. 08.07.2011 Heard learned Counsel for the petitioner and the learned
Counsel for the State.
The petitioner is aggrieved by the two orders both dated
20.6.2007 bearing no. 548 / 549 affecting the time bound promotions
granted to him earlier and directing recovery. Originally the two orders
were passed without any notice to show cause having adverse civil
financial consequences for the petitioner.
The counter affidavit at Para 9 states that on 15.6.2009 show
cause notice has been issued to the petitioner.
Counsel for the petitioner acknowledges the same, and submits
that the reply has been filed, notwithstanding which no final orders have
been passed.
Once the respondents acknowledge that the impugned orders
dated 20.67.2007 were without opportunity to show cause, naturally the
operation of the two impugned orders has to remain stayed till such time
that the cause shown by the petitioner is not considered and disposed
by a reasoned and speaking order.
The Court orders accordingly.
Keeping in mind that the petitioner has superannuated on
30.4.2009 let the matter be decided in the aforesaid manner within a
maximum period of four months from the date of receipt and/or
production of a copy of this order.
The counter affidavit in Para 7 acknowledges that the petitioner
has a right to be considered for grant of first and second ACP also. The
Court directs the respondents to decide that issue within the same time
period.
The writ application stands disposed.
Snkumar/- (Navin Sinha,J.)