IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1869 of 2001 BHARAT BHUSHAN Versus THE STATE OF BIHAR & ORS ----------- 3/ 1/9/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, retired from the post of Accounts Clerk in the Water Ways Division, Gaya on 31.1.1996, while in service he was given first time bound promotion on 31.12.1989 with effect from 1.4.1981. He was then given second time bound promotion with effect from 1.4.1986. This has been reiterated in a Government order dated 5.1.2000, recommending that he was eligible to be considered for exemption from passing the departmental accounts examination for such promotion, in view of the general exemption granted by order dated 13.12.1995 for those eligible to such promotion before 1.9.1983. Subsequently followed another Government communication dated 12.10.2000 cancelling the time bound promotion granted to the petitioner. However, the order dated 25.1.2000 was not annulled. In pursuance thereof has followed the impugned order dated 31.10.2000 of recovery. - 2 - Learned counsel for the petitioner submits that before issuance of the order dated 12.10.2000 depriving him of the benefits of the order dated 25.1.2000 or the order of recovery dated 31.10.2000 no notice to show cause has been issued to the petitioner. In the facts and circumstances of the case the petitioner having superannuated on 31.1.1996, there being no allegation of his having solicited the promotion, the Government letter dated 5.1.2000. The order of promotion dated 25.1.2000 having not been annulled, this Court finds it difficult to sustain the orders dated 12.10.2000 and 31.10.2000. The same are accordingly quashed. The writ application is allowed to be complied within three months from the date of production. KC ( Navin Sinha,J )