IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8472 of 2009 VIJAY KUMAR SINGH, SON OF SHRI JAGANNATHPRASAD SINGH, R/V ATARI, P.S. RUNISAIDPUR, DISTRICT SITAMARHI, AT PRESENT POSTED AS JUNIOR ENGINEER, N.H. DIVISION, MUZAFFARPUR----PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE JOINT SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 4. THE ENGINEER-IN-CHIEF-CUM -ADDITIONAL COMMISSIONER-CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, PATNA. 5. THE DEPUTY SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, PATNA. 6. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY, MUZAFFARPUR. 7. EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, MUZAFFARPUR ------------RESPONDENTS. ----------- 02. 23.07.2009 Heard learned counsel for the petitioner and the learned AAG-11 for the State of Bihar. 2. Petitioner is aggrieved by the office order bearing Memo No. 2041(E) dated 12.6.2009, Annexure-12 whereunder the departmental order bearing Memo No. 5496(E) dated 18.7.2000 fixing the seniority of the petitioner at serial no. 1625A has been cancelled with immediate effect. 3. It is submitted on behalf of the petitioner that true it is that the order dated 12.6.2009, Annexure-12 has been passed on the representation of the petitioner filed in compliance of the earlier orders of this Court dated 21.5.2009, Annexure-10 but before cancelling the earlier order fixing the seniority of the petitioner at serial no. 1625A, petitioner was not given any opportunity of being heard. Had he been given such opportunity of being heard then the representation filed in compliance of the earlier orders of this Court dated 21.5.2009, Annexure-10 ought to have been allowed and his - 2 - seniority position at serial no. 1625A should have been maintained but as the petitioner was not given such opportunity of being heard the present order has been passed cancelling the earlier order. 4. Having heard counsel for the parties, I set aside the order dated 12.6.2009, Annexure-12 with direction to the petitioner to appear before the Engineer-in-Chief-cum-Additional Commissioner- cum-Special Secretary, Road Construction Department, Patna, Respondent No. 4 along with the certified copy of this order, who should fix a date for hearing of the matter as early as possible in any case within three weeks from the date of his appearance and after hearing the petitioner pass appropriate orders in accordance with law in case the request of the petitioner is not acceded to. It goes without saying that this Court has not expressed any opinion on the merits of the matter. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)