IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4800 of 2008 SHIVA NARAYAN SEN Son of Shri Kshitindra Nath Sen. Resident of village- Barahauli, Police Station- Palasi, District Araria, presently residing at R.K.Misssion Road, Ward No. 15, P.S. and District-Araria......... Petitioner Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Government of Bihar, Patna. 3. The District Superintendent of Education-cum- Subdivisional Education Officer, Araria. 4. The Headmaster, Girls Middle School, Araria, R.S., District-- Araria................... Respondents. ----------- Advocate for the petitioner:- 1. Mr. Binit Kumar:- Advocate Advocate of the State:- 1. J. C. to AAG-7 2 27-11-2008 Heard learned counsel for the petitioner and learned counsel for the State. It appears that the the financial audit made by the competent department found that petitioner has been given Rs. 1,18,874/- excess payment on account of illegal retrospective promotion along with financial benefit. On the basis of such audit objection, by the impugned order dated 17-7-2007 (Annexure-5) the District Superintendent of Education-cum- Sub-divisional Education Officer, Araria has ordered for recovery of the aforesaid amount from the salary of the petitioner in twenty instalments. The grievance raised by the petitioner that no opportunity of show cause or hearing was given to him before passing such an adverse order has not been controverted in the counter affidavit. In that view of the matter, without going into the merits of the case the impugned order contained in annexure-5 is set aside on the condition - 2 - Naresh that petitioner will now file a show cause before the District Superintendent of Education, Araria in respect of alleged excess payment as found in the financial audit report, contained in annexure to the counter-affidavit within four weeks from today. If no such show cause has been filed then annexure-5 will remain valid and in case show cause is filed by the petitioner then annexure-5 will be deemed to be invalid and the District Superintendent of Education will take a fresh decision in the matter in accordance with law after considering the show cause of the petitioner. (Shiva Kirti Singh,J)