IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.808 of 2011 BIJENDRA PRASAD KUMAR S/O LATE AWADH NARAIN KUMAR R/O MOHALLA-WHEELERGANJ NEW MARKET, PO +PS- LAHERIASARAI, DISTT- DARBHANGA-----------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE ACCOUNTANT GENERAL, BIHAR, PATNA 4. THE JOINT SECY. RCD., GOVT. OF BIHAR, PATNA 5. ENGINEER IN CHIEF-CUM-ADDL. COMMISSIONER-CUM-SPECIAL SECY. RCD, GOVT. OF BIHAR,PATNA 6. THE SUPERINTENDENT ENGINEER, RCD. PATH ANCHAL, DARBHANGA 7. THE EXECUTIVE ENGINEER, RCD, GOVT,. OF BIHAR,PATNA------ -------------------------------- RESPONDENTS ----------- 2 23.6.2011 Heard learned counsel for the parties. Bereft of all other submissions and assertions made in the writ application there is one question which merits consider, raised at the bar by learned Senior Counsel representing the petitioner. He contends that all annexures impugned herein, namely, annexures 1, 2, 3 and 4 have been issued against the petitioner after his superannuation on 31.7.2010 and that too without giving an opportunity of hearing to him. Some of these are consequential orders based on the administrative examination of service record of the petitioner but if the petitioner feels that same has civil consequence for him because his pay scale now stands reduced to a lower level then the petitioner ought to have been given an opportunity to understand as to why such decision has been taken against him after his retirement. There is settled principle of law that no person can be condemned or saddled with civil consequence without being heard. - 2 - The impugned orders to that extent shall remain in abeyance. The petitioner is given opportunity to appear before the concerned authority i.e. respondent no.6 who shall hear him on the issue and then take a fresh decision as to the pay scale to which the petitioner is actually entitled to. Since the petitioner has superannuated and his post retiral dues and other pensionary benefits are dependent upon the decision, the Court expects an early adjudication on the issue preferably with a period of six months from the date of production or communication of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)