IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15349 of 2004 SURYA KUMAR S/O BABOO RAM R/O VILLAGE CHARASH, PO AJWAN, PS. NAUBATPUR, DISTT- PATNA---- PETITIONER Versus 1. THE STATE OF BIHAR THORUGH THE COMMISSIONER-CUM- SECRETARY, WATER RESOURCES (MINOR IRRIGATION) DEPARTMENT, GOVT. OF BIHAR,PATNA 2. THE COMMISSIONER-CUM- SECRETARY WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR 3. FINANCE COMMISSIONER,GOVT. OF BIHAR 4. JOINT SECRETARY WATER RESOURCES, PATNA 5. ENGINEER-IN-CHIEF MINOR IRRIGATION DEPATMENT,GOVT. OF BIHAR 6. CHIEF ENGINEER (NORTH) MINOR IRRIGATION, DEPARTMENT, MUZAFFARPUR 7. PROJECT CO-ORDINATOR, TUBE WELL PROJECT, MINOR IRRIGATION DEPARTMENT,GOVT. OF BIHAR 8. EXECUTIVE ENGINEER, TUBEWELL DIVISION, MINOR IRRIGATION DEPARTMENT, MUZAFFARPUR------ RESPONDENTS. ----------- 3 23.1.2009 Heard learned counsel for the parties. Submission of learned counsel appearing on behalf of the petitioner is that the action of the State in reducing his salary and also effecting recovery though this has been done after his retirement without giving an opportunity of hearing has created serious prejudice to him relating to sanction of pension and other retiral dues though in the counter affidavit the background, circumstances under which the annexures starting 8 to 11 have been issued. But this aspect has not been denied that the decision has been taken without giving an opportunity to the petitioner in this regard. This writ application is disposed of with a direction upon the respondent no.8, the Executive Engineer, that he shall issue a notice to petitioner and thereafter give him an opportunity to explain with regard to refixing his pay as well as recovery. If the explanation offered by the petitioner is found to be - 2 - cogent it is needless to say that exercise of refixing his pay scale and recovery will be set aside but if the same is held to be in order then the order shall remain. This writ application stands disposed of with the above liberty. RPS (Ajay Kumar Tripathi,J.)