IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4355 of 2003 RAMAWATAR SHARMA Versus THE STATE OF BIHAR & ORS ----------- 5/ 09/04/2009 Heard learned counsel for the petitioner and learned counsel for the Bihar State Transport Corporation. Learned counsel for the petitioner submits that after having taken an ex parte decision that the petitioner had caused financial loss to the corporation notice was issued to him to deposit a sum of Rs.15,375/- with 12% interest thereupon. He filed his reply objecting that no show cause notice or opportunity to meet the charges against him was given. Thereafter followed a decision of his guilt when by another order the amount was sought to be reduced by 50%. The submission is that even for a minor punishment a show cause notice and consideration of the reply thereto is a must. A counter affidavit is filed on behalf of the respondent corporation. Learned counsel for the respondent submits that the petitioner did file a representation and considering which the penalty has been reduced by 50%. The appellate authority also granted him a hearing and that no formal departmental 2 proceedings were required. The respondents in their counter affidavit admit that they only “informed the petitioner for deposit of the amount in question.” A show cause notice and an information to deposit the amount have different connotations. The former discloses an open mind while the latter a closed mind. If the petitioner filed a representation that he has not been given a show cause notice that shall not cure the initial illegality as the petitioner is not aware of the grounds on which the punishment was imposed. If the initial order was invalid, any subsequent orders, even a hearing by the appellate authority is of no consequence. Obviously, the tendency of the appellate authority shall be to uphold the order of his subordinate of official brotherhood. The law stands settled that if the initial order is invalid all subsequent orders thereupon are invalid. The order of minor punishment imposed without compliance with the procedure required by law by a formal show cause notice without receiving a reply to the same and an appropriate order of punishment discussing why the cause shown was not acceptable is not sustainable. The impugned orders are not sustainable. They are accordingly set aside. The respondents are directed to refund all the deductions made with interest 3 at the rate of 12% as imposed upon the petitioner (if levied upon the petitioner) within a period of two months from the date of receipt/production of a copy of this order till the date of such repayment. KC ( Navin Sinha, J.)