IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6042 of 2009 SURENDER KUMAR MISHRA Versus THE STATE OF BIHAR & ORS ----------- 2. 14.5.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 19.5.2008 cancelling the earlier order dated 22.4.2002 granting him senior pay scale and reducing the same with retrospective effect, along with consequential direction for recovery. Specific submission has been made in Paragraph 8 of the writ application on oath that the impugned order has been passed without notice or opportunity to show cause. From the recitals in the impugned order at Annexure-1, it does not appear that either notice was issued to the petitioner. It does not consider any defence of the petitioner. Both these grounds lend credence to the pleadings of the petitioner that he has not been heard. No useful purpose shall be served by granting stay of the impugned order and requiring the respondents to file counter affidavit. The Court today is hearing writ petitions of the year 2001-02. This writ petition shall come up for hearing years hence. The impugned order dated 19.5.2008 is set aside being in violation of the principles of natural justice. This - 2 - shall however be without prejudice to the rights to the respondents to proceed afresh in accordance with law. The submission of the respondents that after the issuance of the impugned order, the petitioner has filed a representation does not impress the Court. The respondents cannot be allowed to place the cart before the horse. P. Kumar (Navin Sinha, J.)