IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5694 of 2010 1. SAHEB CHOUDHARY S/O LATE MUSAI CHOUDHARY R/O MOHALLA- GOLAGHAT, SONVERSA LANE, P.O.- NAYA BAZAR, P.S.- TATARPUR (KOTWALI), TOWN & DISTT.- BHAGALPUR Versus 1. THE T.M.BHAGALPUR UNIVERSITY, BHAGALPUR, THROUGH ITS REGISTRAR 2. THE VICE-CHANCELLOR, T.M.BHAGALPUR UNIVERSITY, BHAGALPUR 3. THE FINANCIAL ADVISOR, T.M.BHAGALPUR UNIVERSITY, BHAGALPUR 4. THE REGISTRAR, T.M.BHAGALPUR UNIVERSITY, BHAGALPUR 5. THE FINANCE OFFICER, T.M.BHAGALPUR UNIVERSITY, BHAGALPUR 6. THE IN-CHARGE UNIVERSITY PRESS, T.M.BHAGALPUR UNIVERSITY, BHAGALPUR 7. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 8. THE DIRECTOR, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA ----------- 03. 31.03.2011 Petitioner is a retired Tradilman who was working in the University Press of what is known as T M Bhagalpur University. He was initially appointed on 3.10.1969 and has been drawing pay and privileges granted to him by the respondents right through his service career but all of a sudden vide a decision contained in Annexure-4 dated 7.1.2099 the pay- scale of the petitioner has been reduced and an order for recovery also made. Counsel for the petitioner submits that this decision has been taken without any notice or opportunity of hearing to the petitioner and that too when he has already superannuated. Under what powers and authority such decision could be taken 2 is unknown to the petitioner. Though counter affidavit on behalf of the University has a been filed but this issue has not been answered. In view of the same the Court has no option but to quash Annexure-4, remit back the matter to the Registrar of the University with a direction that he will issue notice to the petitioner and thereafter give him opportunity of hearing and then may be a speaking order with regard to their decision will be required to be taken. Till such a decision is taken and communicated to the petitioner, the University will refrain it from making any deductions in future. The deductions already made will be subject to the said decision or challenge thereto if it is required. The exercise in this regard must be completed within three months from the date of production of a copy of this order. The writ application is allowed in terms of the order as above. rkp ( Ajay Kumar Tripathi, J.)