IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15183 of 2008 MD.NAJMUL HODA & ORS Versus THE STATE OF BIHAR & ORS ----------- For the Petitioners : Mr Tej Bahadur Singh, Sr. Advocate Mr Brajesh Kumar, Mr Gyan Shankar, Advocates For the State : JC to AAG I ---------- 3. 09.01.2009 Heard leaned Counsel for the petitioners and the learned Counsel for the State. The petitioners are aggrieved by order dated 26.8.2008.The impugned order cancels the time bound promotion given to the petitioners vide Memo no. 944 dated 25.9.1991. The submission on behalf of the petitioners is that the promotion was cancelled after merely seventeen years in violation of principles of natural justice. To emphasise the point it is submitted that while the impugned order says that who had not passed the Accounts Examination were not entitled to promotion, the specific pleading of the petitioners in Para 7 of the application is that they had passed the Accounts Examination. No counter affidavit has been filed on behalf of the respondents. An order withdrawing the benefit of time bound promotion has adverse civil consequence on the employee. The law stands settled that no order having adverse civil consequence, more so after seventeen years, can be passed in violation of the principles of natural justice. An order in violation of the principles of natural justice is like a still born child. It never comes into existence. The issue sought to be raised by the petitioner are matters which could have been appropriately examined by the authorities had they proceeded in accordance with law. For the reasons of the aforesaid discussion, the writ application is allowed. The order dated 26.8.2008 is quashed but without prejudice to the rights of the respondents in accordance with law. Snkumar/- (Navin Sinha,J.)