IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17256 of 2010 AWADH KISHORE SINGH, SON OF LATE BABAN SINGH RESIDENT OF MOHALLA NAV VIKASH COLONY PATNA PHASE V ASHIANA NAGAR P.S. RAJEEV NAGAR DISTRICT PATNA. Versus 1. THE BIHAR STATE ELECTRICITY BOARD THEOUGH ITS CHAIRMAN, VIDYUT BHAWAN BAILEY ROAD, PATNA. 2. SECRETARY BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN BAILEY ROAD, PATNA. 3. JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN BAILEY ROAD, PATNA. 4. FINANCIAL CONTROLLER, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN BAILEY ROAD, PATNA. ----------- 04. 02.11.2010 In spite of indulgence granted to the counsel for the Bihar State Electricity Board(hereinafter referred to as the Board) to file counter affidavit in the matter under orders dated 12.10.2010, the same has not been filed, in the circumstances, the writ petition is being disposed of without the benefit of the counter affidavit. 2. Heard learned counsel for the petitioner and the counsel for the Board. 3. Petitioner is aggrieved by the office order no. 2721 dated 14.9.2010, Annexure-2 passed by the Joint Secretary of the Board, whereunder his pay has been reduced with effect from 16.7.1982 the date on which he was promoted as Account Assistant. 4. It is submitted on behalf of the petitioner that the impugned order reducing the pay with effect from 16.7.1982 has been passed by the Joint Secretary without giving the petitioner opportunity of being heard as also ignoring the relevant law laid down by this Court in the unreported order dated 14.2.1995 passed in C.W.J.C. No.11142 of 1993 and another judgment reported in 2010(1) PLJR - 2 - 347. 5. As the order dated 14.9.2010, Annexure-2 reducing the pay of the petitioner with retrospective effect i.e. 16.7.1982 has been passed by the Joint Secretary of the Board without giving him opportunity of being heard, the same is set aside with direction to the petitioner to appear before the Joint Secretary along with a copy of this order and thereafter the Joint Secretary should hear the petitioner and pass fresh order in accordance with law, as early as possible, in any case within one month from the date of receipt of this order by the Joint Secretary. Petitioner shall be at liberty to request the Joint Secretary to pass interim order staying the recovery, in compliance of the order dated 14.9.2010, Annexure-2. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)