IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6340 of 2009 MD.GULAM SARWAR Versus THE STATE OF BIHAR & ORS ----------- 2. 20.5.2009 Heard counsel for the petitioner and the counsel for the State. While it may be true that the petitioner came to be appointed in Government service on compassionate ground, his right as a citizen of India and as a dependent of Government Servant dying in harness in accordance with policy of the State Government Servant has not ceased to be in operation. The petitioner was in fact entitled to a show cause notice if his appointment on compassionate ground was found to be bad on any score whatsoever. This Court would find that the impugned order dated 1.4.2009 has been passed by the Director of Prosecution without issuing notice to the petitioner and his compassionate appointment has been cancelled merely on the ground that the post and scale in which the petitioner was appointed was not admissible for appointment on compassionate ground. If that was the reason the Director of Prosecution had to first issue notice and thereafter alone he 2 could have passed any order by taking the defence into consideration. The Director Prosecution infact was also required to consider whether the petitioner in place of being altogether removed from service could not have been retained in service against any lower post in a lesser pay scale because the recommendation for appointment of the petitioner was already made by the District Compassionate Appointment Committee which is the competent body to take such decision under the policy of the State Government for considering his case on compassionate appointment. That being so, this Court would quash the impugned order and remit the matter back to the Director of Prosecution, who may now after issuing notice, considering the show cause reply and hearing the petitioner pass a fresh order in the light of the observation made in this order. This application stands disposed of. (Mihir Kumar Jha,J.) Surendra/