IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5679 of 2010 Nand Lal Singh, S/O Late Jang Bahadur Singh, R/O Mohalla- Sachipti, P.S. Hajipur, Distt.- Vaishali Versus 1. The State of Bihar through the Principal Secretary Human Resources Development Department, New Secretariat, Bihar, Patna 2. Principal Secretary, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Patna 3. Director (Administration)-Cum-Joint Secretary, Human Resources Development Department, Govt. of Bihar, Patna ----------- 3 08.09.2011 Heard learned counsel for the petitioner and the State. The petitioner is stated to have been promoted on 01.03.2001 with effect from 01.04.1988 from the Bihar Subordinate Education Service to the Bihar Education Service Class-II against the 50% quota meant for promotional post. He is aggrieved by the order dated 03.10.2007 by which the date of promotion has been shifted from 01.04.1988 to 01.01.1994 and simultaneously directions have been issued for financial recovery. Counsel for the respondents sought to urge from counter affidavit that it was an error which subsequently surfaced. The Court is not persuaded to examine the aspect of any error at this stage as it is satisfied that the infirmity lies in the decision making process and the stage for judicial review of the order has not arrived as yet. It is not in controversy that before visiting the petitioner with adverse civil consequences by the fresh order, no show cause notice was issued with an 2 opportunity for him to defend the earlier date of promotion. If that were not enough, the subsequent order does not discuss why and for what reason the date of the earlier promotion was erroneous. Learned counsel for the petitioner relies on a similar order passed in C.W.J.C. No. 1206 of 2008, when the respondents have been given the liberty to proceed afresh in accordance with law therein. The impugned order dated 03.10.2007 is, therefore, set aside in like terms as C.W.J.C. No. 1206 of 2008 without prejudice to the rights of the respondents as observed therein. The application is allowed. Md. Ibrarul ( Navin Sinha, J.)