IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12683 of 2008 RAM PRAVESH RAM, S/O SARYUG RAM, R/O VILLAGE- RAJPUR TOLA SAGAR KHAN, P.O.-MANGLAPUR, P.S.- SANGRAMPUR, DISTRICT-EAST CHAMPARAN. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF HEALTH SERVICES, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVT. OF BIHAR, PATNA. 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, WEST CHAMPARAN, BETIAH. 5. THE MEDICAL OFFICER-IN-CHARGE, PRIMARY HEALTH CENTRE, BAGAHA, WEST CHAMPARAN. ……………RESPONDENTS. ----------- 2 05.08.2011 In this case, petitioner has challenged an order of the Civil Surgeon-cum- Chief Medical Officer, West Champaran at Bettiah dated 30.12.2005, as contained in Annexure-5, by which, he has been reverted from the post of Clerk of a Primary Health Centre to his basic post of class-IV and it has been ordered that excess paid to him against the post of clerk pursuant to his promotion shall be adjusted from his admissible salary of class-IV post. Learned counsel for the petitioner submits that this order has been passed without any notice to the petitioner and without giving him any opportunity to be heard in the matter. He submits that, in the 2 circumstances, the order is completely in violation of Principles of Natural Justice. The writ application was filed on 25.08.2008 with service of two copies of the same in the office of learned Advocate General. However, till today no counter affidavit has been filed. Learned counsel for the respondents informs this Court that repeated communications were sent to respondent nos.4 and 5, but they have not responded with instructions to enable him to file counter affidavit. It is apparent that there is complete non-cooperation in the matter on behalf of respondent nos. 4 and 5. In the circumstances, accepting the submissions of learned counsel for the petitioner, and as per the claim made in the writ application, the impugned Annexure-5 is quashed. The respondent Civil Surgeon, if at all considers to re-examine the matter, he shall give due opportunity to the petitioner to appear before him and produce materials in support of validity of his promotion and, if the same are produced, he shall consider the 3 same and then only shall pass a reasoned order which must disclose the application of mind by him with the materials produced by the petitioner. If no such exercise is done by the Civil Surgeon within two months from the date of receipt/production of a copy of this order, the petitioner shall be entitled to resume his duties on the promoted post of Clerk with consequential payment of monetary benefits. The writ application is allowed with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)