IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14391 of 2003 BISHESH CHANDRA THAKUR Versus THE STATE OF BIHAR & ORS ----------- 4. 09.02.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by the impugned orders dated 4.8.2000 and 7.8.2003 by which the date of second time bound promotion has been shifted forward to his prejudice and orders for recovery of payment made under the original date of promotion have been passed. It is the assertion of the petitioner in the writ application that these orders to his prejudice and affecting recovery have been passed in violation of the principles of natural justice without issuance of a show cause notice and opportunity to show cause. Counter affidavit has been filed on behalf of the respondents. Neither the impugned orders nor the counter affidavit states that the petitioner was noticed with opportunity to show cause by him which was considered before the impugned order having adverse civil consequences on him have been passed. This Court in exercise of writ jurisdiction is primarily concerned with the decision making process and not the decision itself. If the respondents have opted to arrogate to themselves with powers which law does not give them, there is little that this Court can do about it except to set aside the impugned orders, held to be a still born child which never came into existence. The impugned orders dated 4.8.200 and 7.8.2003 are set aside. Since the writ petition has itself remained pending before this court since 2003, the matter relates to the date of shifting of second time bound promotion, there are no allegation of any fraud or mis-representation by the petitioner, in the entirety of the matter this court is not persuaded to remand the matter to the authorities to expose the petitioner in the limited nature of controversy to suffer harassment when the petitioner is said to have superannuated, any recovery affected from him is required to be repaid to him within a maximum period of four months from the date of receipt and/or production of a copy of this order. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)