IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1058 of 2005 Shashi Kant Jha, son of Late Abhiram Jha, village Dayantpur, PS Bibhutipur, Dist. Samastipur – Petitioner. Vs. 1) The State of Bihar, 2) The Secretary, Department of Medical Education, Family Welfare and Indigenous Medicine, Bihar, Patna. 3) The Director, Indigenous, Health Department, Bihar, Patna. 4) The Dist. Magistrate, Begusarai. 5) Dr. Bhudeo Singh, Incharge Principal, Govt. Ayodhya Shiv Kumari Ayurvedic College, Begusarai – Respondents. 3 21.12.2010 The petitioner was working as a Clerk in Government Ayodhya Shiv Kumari Ayurvedic College, Begusarai. The college was taken over by the Government. Likewise the petitioner’s service was also absorbed by the State Government. The petitioner was granted selection grade scale on 27.1.1989 and was appointed as officiating Office Superintendent on 29.12.1997. The petitioner claims that he had passed the Hindi noting and drafting examination and was senior most clerk in the college and as such he was entitled to be considered for being given a regular posting as Office Superintendent, instead the then Incharge Principal made a note on the service book that the petitioner had been wrongly promoted as Office Superintendent vide Annexure 5 on 31.12.2003. As a result of the noting made in his service book, the petitioner has been deprived of his promotion without any notice or show cause. After the said noting was made, the petitioner was restrained from working as Office Superintendent although there is no formal order in this regard. This act of the then Incharge Principal of the college is against the principles of natural justice. 2 I accordingly direct that the petitioner should file a representation before the Director Indigenous, Health Department Bihar, Patna who will examine the case of the petitioner after calling for a report from the Principal of the college. In fact it appears from the writ petition that Dr. Bhudeo Singh who was the Incharge Principal has been made party by name. In the circumstances perhaps it would be better to get the service records of the petitioner and the other clerks and thereafter consider the case of the petitioner within a period of six months on receipt of a copy of this order and the representation of the petitioner. The petitioner is directed to file a representation with a copy of this order within eight weeks from the date of its receipt. This writ petition is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)