IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11760 of 2008 Syed Yunush Imam, son of Late Syed Hashan Imam, resident of Zaffar Colony, Shersah Road, PS Alamganj, Patna – Petitioner. Vs. 1) The State of Bihar through the Chief Secretary to the Government, Patna. 2) Secretary, Water Resources Department, Bihar, Patna. 3) Secretary, Finance Department, Bihar, Patna. 4) Under Secretary, Water Resources Department, Bihar, Patna. 5) Chief Engineer, Water Resources Department, Bihar, Patna. 6) Superintending Engineer, Ganga Sone Flood Controlled Circle, Mithapur, Patna – Respondents. 2 15.4.2011 The petitioner is aggrieved by Annexure 6, dated 6.8.2007 by which the date of second A.C.P. granted to him on 9.8.1999 has been changed to 4.1.2006 without issuing a show cause notice to him. It is well settled law that when an order is passed adverse to the interest of an employee, an opportunity ought to been given to him to explain why such an order should not be passed. Time and again orders have been passed by various departments without complying with the principles of natural justice. Counsel for the petitioner submits that this order has been passed without taking into considertion the period of employment in the work charge cadre. This aspect of the matter ought to be examined by the highest authority of the department i.e. the Principal Secretary, 2 Water Resources Department, Bihar, Patna after calling for a report from the Chief Engineer, Water Resources Department, Bihar, Patna respondent no. 5. The Principal Secretary may refer to his own letter, dated 20.12.2010 which has been issued after considering the order of this court, dated 5.8.2010 in a similar writ petition being CWJC No.1361/2010. Accordingly, the impugned o0rder contained in Annexure 6, issued vide memo no.4464, dated 6.8.2007 is quashed. The petitioner is given liberty to file a representation before the Principal Secretary of the Department along with a copy of this order within one month.The Principal Secretary may thereafter pass an order in accordance with law within three months. This writ petition is disposed of with the aforesaid observation and direction. Haque ( Sheema Ali Khan, J.)