IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9469 of 2002 YOGENDRA YADAV Versus THE STATE OF BIHAR & ORS ----------- 3. 13.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by the order dated 2.8.2002 cancelling his order of promotion with effect from 1.1.1997 from the post of Cleaner to the post of Junior Mechanic and shifting the date of such promotion to 2.5.2000. The law stands settled that an order of the Government has to be decided on the language used in the order and nothing more. A good order cannot be made bad by a counter affidavit and vice versa a bad order cannot be made good by a counter affidavit. The impugned order does not question the eligibility of the petitioner for promotion. In fact by only shifting the date of promotion it expressly acknowledges his eligibility. If the date be shifted and recovery be ordered, the petitioner was to be visited with adverse civil consequences. The respondents were therefore required to show cause to him, consider his reply and pass a reasoned order when the matter could have come in judicial review. The respondents themselves have taken risk of trying to short cut the mode of decision making. For the aforesaid reasons the impugned order dated 2.8.2002 is not sustainable. It is accordingly quashed. The writ application is allowed. The petitioner shall be entitled to refund of deduction, if any, only in consonance with law. Snkumar/- (Navin Sinha,J.)