IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.469 of 2006 1. VIJAY PASWAN S/O YOGESHWAR PASWAN R/O VILL.TRILOK BIGHA, PS- HILSA DISTT- NALANDA. 2. NAWAL KISHORE @ NAWAL KUMAR CHOUDHARY S/O AWADHESHWAR PD. R/O VILL- SARBHODI PS- MANPUR DISTT-NALANDA 3. ASHOK KUMAR CHABRA S/O LATE RAM SHARAN CHABRA NEAR T.V. CENTRE BARIHATT PURNEA, PS-& DISTT- PURNEA 4. AJAY KUMAR SAH S/O SHAMBHU PD. SAH R/O VILL- RANIPATRA, DISTT- PRENEA 5. NARAYAN KUMAR MAHOLI S/O LATE SIKANDRA MOHAN R/O R.K. MISSION ROAD SOUTH BHATTA, DISTT- PURNEA 6. MAHESHWAR MISHRA S/O LATE RAM KANT MISHRA R/O VILL- BHOKARAHA PS- KHEMCHAND, DISTT- PURNEA 7. UTTAR KUMAR CHAKRAVARTY S/O AMULYA RATAN CHAKROVARTI, R/O R.K. MISSION ROAD SOUTHBHATTA DISTT- PRENEA------ -----------------------------PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, AGRICULTURE GOVT. OF BIHAR, NEW SECRETARIAT BAILLY ROAD, PATNA 3. THE DEPUTY DIRECTOR (ADMN.) DEPTT. OF AGRICULTURE, GOVT. OF BIHAR, NEW SECRETARIAT,PATNA 4. THE JOINT DIRECTOR, AGRICULTURE (JUTE) BIHAR AT PURNEA, DISTT- PURNEA 5. THE DEPUTY DIRECTOR AGRICULTURE (JUTE) BIHAR AT PURNEA, DISTT- PURNEA---------RESPONDENTS. ----------- For the Petitioners: Mr. S.P. Singh No.1, Advocate Mr. V.K.Singh,Advocate For the State: Mr. D. Choudhary, AC to SC-3. ------------ 2 27.9.2010 Heard learned counsel for the parties. Annexure-5 is order dated 30th September, 2005 by virtue of which the respondents have unilaterally taken away the order of posting/promotion of these petitioners on the post of Jute Extension Supervisor. This according to the petitioners has been done without any issuance of notice or opportunity given to these petitioners. Therefore this decision is violation of rules of natural justice. Counter affidavit filed on behalf of the State does not rebut this position. They tried to offer some explanation and the circumstance in which impugned annexure-5 came to be passed but that by itself is not good enough because the petitioners - 2 - ought to have been heard by the respondents on the matter before issuance of annexure-5. This writ application is disposed of with a direction upon the Joint Director, Agriculture (Jute), Government of Bihar i.e. respondent no.4 to give an opportunity to these petitioners on the decision taken in relation to annexure-5 and on hearing them pass an appropriate order giving reason. If they modify the order contained in annexure-5 then it is another matter but if the decision goes against the petitioners they will have another opportunity to file a fresh writ application. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)