IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.982 of 2010 1. BASHISTHA KUMAR JHA S/O LATE MURLI JHA R/O VILL- SISWAR, P.S. PHULPARAS, DISTT. MADHUBANI Versus 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER-CUM-SECRETARY RURAL DEVELOPMENT DEPTT., (GRAMIN VIKASH), MAIN SECRETARIAT, PATNA 2. DIRECTOR-CUM-SECRETARY DEPTT. OF PANCHAYATI RAJ, NEW SECRETARIAT, PATNA 3. DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER ZILA PARISHAD, MADHUBANI 4. THE SECRETARY ZILA PARISHAD, MADHUBANI 5. ZILA PARISHAD MADHUBANI THROUGH ITS SECRETARY MADHUBANI ----------- 4. 16.02.2010. Heard learned counsel for the petitioner, State and the counsel for the Zila Parishad. 2. Petitioner is a daily wager serving in the Zila Parishad, Madhubani. His engagement has been cancelled under order bearing Memo No. 781 dated 31.8.2009, Annexure-14 on twin grounds that he failed to collect taxes from the bullock cart owners as also did not respond to the show-cause notice dated 19.12.2000 and was also found absent from his place of duty in Rahika Block. 3. Learned counsel for the petitioner states that the instruction to collect taxes from the bullock cart owners was never served on the petitioner nor he was ever served with the show-cause notice dated 19.12.2000 and such averments have been made in the writ petition. 4. Counsel for the Zila Parishad has disputed the aforesaid submission. In the circumstances, instead of asking the counsel for the Zila Parishad to file counter affidavit, it is deemed proper to set aside the order dated 31.08.2009, Annexure-14 with direction to the Deputy Development - 2 - Commissioner-cum-Chief Executive Officer, Zila parishad to serve a fresh show-cause notice on the petitioner for which the petitioner should appear in the office of the Deputy Development Commissioner on 26th of March, 2010 whereafter the show-cause notice along with the annexures be served on the petitioner with direction to the petitioner to file his reply within three weeks of the receipt of the notice and appropriate final order be passed by the Deputy Development Commissioner in accordance with law within four weeks of the receipt of the reply. 5. With the aforesaid observation and direction this writ application is disposed of. P.K.P. (V.N.Sinha,J.)