IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7350 of 2010 1. SOHAN PRASAD YADAV @ SOHAN LAL YADAV S/O LATE MALHOR MAHTO R/O VILL NAWADIH, P.O.SUIYA, P.S.KATORIA, DISTT-BANKA – Petitioner. Versus 1. THE STATE OF BIHAR 2. THE AGRICULTURE PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIRECTOR , DEPARTMENT OF AGRICULTURE GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 4. THE UNDER SECRETARY, DEPARTMENT OF AGRICULTURE GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 5. THE DISTRICT MAGISTRATE ARARIA – Respondents. ----------- 2 5.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The order of suspension, dated 15.3.2010 contained in Annexure 2 is under challenge in this writ petition. The order of suspension is based on the report of the District Magistrate, Araria, dated 8.4.2008 in which certain allegations have been levelled against the petitioner. Referring to the said letter of the District Magistrate, the Under Secretary, Department of Agriculture has passed the impugned order suspending the petitioner. Counsel for the petitioner contends that the order of suspension indicates that the petitioner was asked to show cause against the allegations levelled against him. However, it is submitted that no show cause was ever issued to the petitioner and, therefore, the observation in the order of suspension that the petitioner did not file a reply to the show cause of the District Magistrate is unwarranted. That part of the order is struck down by this court for the present. That aspect should be examined in a departmental proceeding if it is initiated. 2 This writ petition is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)