IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5841 of 2002 KESHARI NANDAN SINGH, son of Sri Late Shambhu Prasad Singh, Acting Headmaster, Shri Vidya Sundar High School, Amlori Sarsar, P. S. Mufassil, District Siwan… Petitioner. Versus 1. THE STATE OF BIHAR 2. the Director, Secondary Education, Government of Bihar, Patna. .. Respondents,. ----------- For the petitioner : Mr. Tej Bahadur Singh, Sr. Adv. : Mr. Gyan Shankar, adv. : Mr. B. S. Pandey, Adv. For the State : Mr. S. K. Mandal, Adv. : Mr. Bipin Kumar, Adv. ----------- 4. 12.07.2010 Heard Mr. Tej Bahadur Singh, learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ petition reads as follows:- “1. That this is an application for issuance of appropriate writ(s)/order (s) including the writ of certiorari for quashing the order bearing memo no. 1406, dated 24.4.2002 passed by the Director, Secondary Education, Bihar respondent no. 2 whereby and whereunder he has cancelled the post graduate scale granted to the petitioner vide order of the Addl. Director, dated 17.9.1992 confirmed by the Director’s order, dated 16.2.1994 and he has further directed by this order to recover the alleged excess amount paid to the petitioner by way of post graduate scale in 12 instalments. The petitioner further prays for a direction to the respondents not to cancel the post graduate scale granted to petitioner which scale has been receiving since the date of his 2 appointment, 10.7.1978, i.e. for about 24 years.” Mr. Singh would submit that initially the petitioner was granted post graduate trained pay of scale by order dated 17.9.1992 w.e.f. 10.7.1978 which was cancelled by order dated 3.5.1993 but was then again restored by order dated 16.2.1994 and thereafter the impugned order had been passed on 24.4.2002 cancelling the said order dated 16.2.1994 without giving him any notice and/or opportunity of hearing. He would also submit that the impugned order is also a non-speaking order and does not disclose any reason for such evil and civil consequences both by way of reduction as also recovery from the salary of the petitioner. There is no counter-affidavit in this case even when the writ petition was filed on 8.5.2002 and therefore the specific statement of the petitioner in paragraph 27 in the writ petition that he had been given no notice by way of a show-cause notice and/or opportunity of hearing prior to passing of the impugned order remains uncontroverted. It is however well settled that whenever a person is sought to be punished by any order involving evil and civil 3 consequences and specially in monetary terms, he has to be given notice and/or show cause before passing of the order in order to comply the principles of natural justice. Considering this aspect only, this Court on 24.6.2002 had passed an interim order in this case restraining the respondents from making any further recovery from the petitioner pursuant to the impugned order of the Director Secondary Education dated 24.4.2002. In that view of the matter, this Court would quash the impugned order dated 24.4.2002 and remit the matter to the Director Secondary Education, who now would issue notice to the petitioner and hear him with regard to proposed action relating to withdrawal of the benefit of post graduate trained pay-scale to him. In view of the fact that the petitioner is now almost at the verge of retirement and is left with hardly one year service, this Court would direct the Director, Secondary Education to pass his final order within a period of six months from the date the petitioner would appear before him along with a copy of this order. Any financial benefit depending on the outcome of the impugned order will however not be extended to the petitioner till the Director Secondary Education would 4 pass his fresh order which he must do within the aforementioned time frame. With the aforementioned observation and direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)