IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.968 of 2009 Nawal Kishore Jha . Versus The State Of Bihar & Ors . ----------- 2. 30.06.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 22.11.2007 passed by the Executive Engineer shifting the date for grant of the monetary benefits of first time bound promotion. Counter affidavit has been field on behalf of the respondents. It is beyond the pale of controversy that before passing the impugned order and visiting with civil consequences by directing recovery of the payment already made, no notice to show cause was issued to the petitioner. The order dated 22.11.2007, requires no more discussion to hold that it is not sustainable in law vitiated for non compliance of natural justice. It is accordingly set aside. The respondents shall be obliged to issue a show cause notice to the petitioner within a maximum period of four weeks from the date of receipt/production of a copy of this order before them whereafter the petitioner shall file his reply and the respondents may then consider matters 2 afresh in accordance with law, by a reasoned and speaking order. If the respondents do not serve a show cause notice on the petitioner within a period of four weeks from the date of receipt/production of a copy of this order, they shall be obliged to refund the deductions made, if any, under the order dated 22.11.2007 when fresh action may thereafter be taken by the respondents on all aspects in accordance with law. There is no occasion for the Court to make any observation with regard to the claim for second time bound promotion in view of the statement in the counter affidavit that it was under consideration and the Court expects that appropriate decision shall be taken expeditiously. The writ application is allowed. P. Kumar ( Navin Sinha, J.)