IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.266 of 2007 KAMAL KISHORE SINGH & ORS Versus THE BIHAR STATE ELECTRICITY BOARD & Ors. ----------- 5/ 25.09.2008 Heard learned counsel for the petitioner and learned counsel for the respondent Board. The petitioners, who are employees of the Bihar State Electricity Board, holding the post of Assistant, are aggrieved by the order dated 13.09.2005 bearing Memo no. 1995, as contained in Annexure-1 series. The impugned order simply states that some anomalies have been found in their pay fixation by a Committee with effect from 6.6.1984. The petitioners were, therefore, liable to repay the excess payment received. This has been quantified with regard to each of the petitioners. They have then been given an opportunity if they had any thing to say in the matter. A counter affidavit has been filed on behalf of the respondents Board. The petitioners were to be deprived of a monetary benefit given to them since 1984. No allegations have been made against them of having obtained the same by misrepresentation. On the contrary, the act is an official act, of wrong pay fixation. If the pay was to be re-fixed 20 years later the matter shall have civil consequences for the 2 petitioners. They were, thus, required to be heard. The impugned order takes a decision and then communicates the decision as also the implementation of the decision. A formality is sought to be complied by asking the petitioners if they had anything to say in the matter. Obviously, the respondents were acting with a closed mind. The impugned order contains no reasons why the pay fixation was done erroneously in 1984 and what was the anomaly. The law is well settled that an order must contain reasons. This prevents arbitrariness and also facilitates judicial review. The counter affidavit of the respondents, if it could have been looked into to explain the impugned order, is also of no help and simply refers to one order after another without details of the same. The order dated 13.09.2005 is accordingly, set aside to abide by afresh in accordance with law. The writ application stands allowed. S.B.P. (Navin Sinha, J.)