IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7955 of 2009 CHANDRA SHEKHAR PRASAD RAJAK, son of Late Gopi Ram. Presently posted as Junior Engineer, Building Construction Department having his permanent address at Village and Post- Kadiraganj, Police Station Nawadah, District Nawadah-805104 Versus 1. THE STATE OF BIHAR through its Principal Secretary, Road Construction Department, Vishweshwaraya Bhawan, Bailey Road, Bihar, Patna 2. Principal Secretary Road Construction Department, Vishweshwaraya Bhawan, Bailey Road, Bihar, Patna 3. Engineer-in-Chief-cum- Additional Commissioner- cum- Special Secretary, Road Construction Department, Vishweshwaraya Bhawan, Bailey Road, Bihar, Patna 4. Deputy Secretary, Road Construction Department, Patna Secretariat, Patna 5. ----------- 02/ 14.07.2009 Heard learned counsel for the petitioner and the State, who prays for time to seek instruction and file counter affidavit, but in view of the nature of the order, which this Court proposes to pass, counter affidavit is not required to be filed. 2. Petitioner is aggrieved by the office order, bearing Memo No. 1752 (E) dated 22.5.2009, Annexure-21, passed by the Engineer-in-Chief-cum- Additional Commissioner- cum- Special Secretary, Road Construction Department, whereunder he has recalled the departmental order, bearing Memo No. 8110(S) dated 28.10.2005, fixing the seniority of the petitioner at serial no. 3174A taking into account his appointment as Junior Engineer with effect from 26.11.1990. The said order is contained in Annexure-14 to this application. 3. By the impugned order dated 22.5.2009, Annexure-21, the earlier order dated 28.10.2005, Annexure-14 2 has been recalled and the grievance of the petitioner is that recall of the earlier order has ought to have been made only after giving him opportunity of being heard. 4. Let the petitioner represent before the Engineer- in-Chief-cum- Additional Commissioner- cum- Special Secretary, Road Construction Department raising the submission, which is noted above that order dated 28.10.2005, Annexure-14 has been recalled under the impugned order dated 22.5.2009, Annexure-21 without giving him opportunity of being heard and if the Engineer-in-Chief-cum- Additional Commissioner- cum- Special Secretary, Road Construction Department is satisfied from the records that the subsequent order dated 22.5.2009 recalling the earlier order dated 28.10.2005 has been passed without giving the petitioner opportunity of being heard then he shall recall the order dated 22.5.2009, Annexure-21 and provide opportunity to the petitioner of being heard and thereafter pass appropriate orders in accordance with law. The representation in terms of this order be considered by the Engineer-in-Chief-cum- Additional Commissioner- cum- Special Secretary, Road Construction Department, as early as possible, in any case within one month from the date of its receipt. 5. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)