IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1206 of 2008 1. SURENDRA PRASAD SRIVASTAVA, SON OF LATE JAGARNATH PRASAD SRIVASTAV, RESIDENT OF MIRJAPUR, P.S. SONEPUR, DISTRICT- SARAN. 2. SATENDRA MISHRA, SON OF LATE RAM DEO MISHRA, RESIDENT OF BRAH ASHAN, P.S. MUZAFFARPUR SADAR, DISTRICT MUZAFFARPUR. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, BIHAR, PATNA. 2. PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. DIRECTOR (ADMINISTRATION)-CUM- JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. ----------- 2. 22.12.2009. Heard learned counsel for the petitioner and the State. Learned counsel for the State is not in a position to dispute the submission on behalf of the petitioner that the promotion granted by order dated 1.3.2001 has been cancelled in an ex-parte manner by order dated 3.10.2007. The counter affidavit reflects purely administrative issues for cancellation not attributable to the petitioner in any manner. The defence of the respondents that they have had to do so, in pursuance of compliance of the orders of this Court on writ petitions filed by certain others, in which the petitioner was admittedly not a party and was not the subject matter of - 2 - N.H./ consideration satisfies this Court that the impugned order dated 3.10.2007 is not sustainable in its present form on the short ground of being in violation of the principle of natural justice. The impugned order dated 3.10.2007 is, accordingly, set aside without prejudice to the rights of the respondents to proceed afresh in accordance with law should they so desire. The application stands allowed. ( Navin Sinha,J.)