IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2154 of 2007 Ramdeo Singh, son of Late Gurucharan Singh, Resident of village: Kalra Bigha, P.S. Bakhtiyarpur, District Patna …. ….. Petitioner Versus 1. The State Of Bihar 2. The Fire Officer, Bihar, Patna 3. The Deputy Inspector General of Police-cum- Deputy Commandant, Homeguard and Fire Service, Bihar, Patna 4. The Secretary, Department of Finance, Govt. of Bihar, Patna …. …. Respondents ---------------------------------- 02/ 16.08.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated with effect from 31.3.2002 while serving as Chief Fireman. Later he questioned order no. 97 dated 30.4.2004, Annexure-2 cancelling his time bound promotion granted under order bearing Memo No. 1301 dated 31.5.2002, Annexure-1 with effect from 18.1.1988 with further direction to adjust the amount of Rs. 76,697/ received by the petitioner in lieu of the aforesaid time bound promotion from his retiral dues by filing C.W.J.C. No. 10739 of 2004. Aforesaid C.W.J.C. No. 10739 of 2004 was disposed of under orders dated 8.8.2005, Annexure-4 setting aside the 2 order dated 30.4.2004 granting liberty to the authorities of the department to issue show cause notice calling upon the petitioner as to why the time bound promotion be not cancelled and to pass order afresh after considering the cause shown by the petitioner. In compliance of the order of the High Court dated 8.8.2005, Annexure-4, petitioner was served with the show cause notice bearing letter No. 2731 dated 3.10.2005, Annexure-6, in response whereto he submitted his reply dated 18.10.2005, Annexure-7. Aforesaid reply was not considered but the amount of Rs. 76,697/- was adjusted from his pensionery dues. 3. Asserting non-consideration of the show cause reply dated 18.10.2005, Annexure-7, petitioner filed the present writ petition for refund of the amount recovered from him. 4. By filing the counter affidavit, the State- respondents have placed on record letter No. 410 dated 17.2.2006, Annexure-A which is issued by the Deputy Inspector General-cum- Deputy Commandant General of the Home Guard whereunder instruction is 3 being sought from the Home Police Department about the manner in which the cause shown by the petitioner vide show cause reply dated 18.10.2005, Annexure-7 is to be considered and disposed of. 5. Perusal of the letter no. 410 dated 17.2.2006, Annexure-A to the counter affidavit clearly indicates that the cause shown by the petitioner under show cause reply dated 18.10.2005, Annexure-7 has not yet been considered and disposed of. 6. This writ petition is, accordingly, disposed of directing the State Fire Officer to consider and dispose of the show cause reply of the petitioner dated 18.10.2005, Annexure-7 by passing a reasoned order as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the State Fire Officer, failing which this Court will have no option but to initiate proceedings of contempt against him. Arjun/ ( V. N. Sinha, J.)