IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3515 of 2010 1. Badri Singh S/O Late Dayanand Singh R/O Vill- Musepur, P.S- Block, Distt- Jehanabad 2. Rajeshwar Singh S/O Late Jagdishwar Singh R/O Vill- Musepur, P.S. Block, Distt- Jehanabad 3. Narendra Prasad Singh S/O Late Sheo Pujan Singh R/O Vill- Musepur, P.S. Block, Distt- Jehanabad 4. Munaka Devi W/O Sri Narendra Prasad Singh R/O Vill- Musepur, P.S. Block, Distt- Jehanabad 5. Sita Ram Singh S/O Late Ram Ekbal Singh R/O Vill- Musepur, P.S. Block, Distt- Jehanabad 6. Ram Naresh Singh S/O Late Ram Chalitra Singh R/O Vill- Musepur, P.S. Block, Distt- Jehanabad 7. Bimla Devi W/O Ram Naresh Singh R/O Vill- Musepur, P.S. Block, Distt- Jehanabad. Petitioners. Versus 1. The State Of Bihar 2. The District Magistrate, Jehanabad 3. The Assistant Director, District Social Secrutiy Cell, Jehanabad 4. The Sub-Divisional Officer, Jehanabad 5. The Block Development Officer, Jehanabad 6. The Accountant General, Bihar, Patna. Respondents. ----------- 5. 30.6.2011. Heard Mr. Ganesh Prasad Singh, learned counsel appearing on behalf of the petitioners and Mr. Bijay Kumar, learned Assisting Counsel to SC 4 for the State. The writ petition has been filed on behalf of seven petitioners for quashing the order dated 22.4.2008 as contained in Annexure-1 issued under the signature of the Block Development Officer, Jehanabad, Whereby the pension granted to the petitioners under the National Old Age Pension 2 Scheme has been stopped with immediate effect. Learned counsel for the petitioners, with reference to the Scheme placed at Annexure-2 of the writ petition, submits that the Scheme was enforced with effect from 1.4.2006 and the Sub Divisional Officer, Jehanabad was conferred with the powers to grant the same on the basis of the report submitted by the Block Development Officer after making enquiry. Learned counsel submits that following the procedure as provided under the Scheme placed at Annexure-2, the petitioners herein were granted Old Age Pension vide separate orders placed at Annexure-3 series under the signature of the Sub Divisional Officer, Jehanabad. All these petitioners were granted monthly pension at the rate of Rs.200/- per month with effect from 1.1.2007. It is stated that the petitioners were drawing their pension until the order passed on 22.4.2008 by the Block Development Officer, Jehanabad as contained in Annexure-1. Learned counsel for the petitioners raises a very short issue. He submits that under the Scheme of grant of Old Age Pension, it is the Sub Divisional Officer, who is vested with the power for grant of Old Age Pension and who alone can 3 review the same. He submits that admittedly the impugned order has not been passed by the Sub Divisional Officer, rather an officer subordinate to him being the Block Development Officer. It is further contended that in addition thereto, the order has been passed without assigning any reason and in complete violation of the principles of natural justice and no show cause notice was ever issued to the petitioners requiring them to satisfy against any infirmity found in the matter of grant of pension. A detailed and comprehensive counter affidavit has been filed on behalf the respondent nos.2 to 5 sworn by the Block Development Officer who has denied the statements made by the petitioners. Although a statement has been that show cause notice was issued to the petitioners but no copy thereof can be found with the counter affidavit. The service of show cause notice is a matter of record and has to be supported by enclosure of the document. Even if the stand of the Block Development officer is taken on the face value, he was certainly not empowered to pass the order impugned as he was not vested with the said powers under the Scheme. 4 Considering the circumstances that the order as contained in Annexure-1 has been passed by the Block Development Officer an officer subordinate to the sanctioning authority and that it has been passed without assigning any reason and without affording opportunity to the petitioners, the same can not be sustained and is accordingly quashed and set aside. The writ petition is allowed. ahk (Jyoti Saran, J.)