IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15601 of 2009 1. RAMESH KUMAR S/O SRI KISHORE RAM R/O VILL.- SIMANPUR, P.O. SHADIPUR, P.S. PIRPAINTI, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPTT., GOVT. OF BIHAR, PATNA 3. DIRECTOR, PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA 4. DISTRICT MAGISTRATE, BHAGALPUR 5. BLOCK DEVELOPMENT OFFICER, PIRPAINTI, BHAGALPUR 6. SARPANCH GRAM PANCHAYAT RIFATPUR, SIMANPUR, BLOCK- PIRPAINTI, BHAGALPUR ----------- 2. 15.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 12.8.2009 terminating his services from the post of Sachiv, Gram Kachahari, Rifatpur Simanpur Block Pirpainti District Bhagalpur with immedicate effect and that if he was aggrieved he was at liberty to approach a competent Court of law. It is contended that the petitioner who is stated to be a matriculate applied in response to an advertisement for selection on the aforesaid post. After selection he joined on 8.11.2007. The short submission is that the order is un-reasoned, non-speaking and in violation of the principles of natural justice. Counsel for the State prays for time to file counter affidavit. An administrative authority passing an order having adverse civil consequences, visiting a person with 2 orders of termination is required to pass a reasoned and speaking order. After he passes a reasoned and speaking order, the citizen approaches the Court with the grievance that the reasons are not correct. If the administrative authority assumes to itself arbitrary to pass orders disregard and showing contempt for duty to assign reason, the Court has little option but to set aside such orders. It is long settled law that the reasons are the heart and soul of an order and are effective control of arbitrariness. It is clear settled law that an order of authority has to be tested on the recitals contained in the order and cannot be accepted in a counter affidavit. A bad order cannot be made good by a counter affidavit. The order dated 12.8.2009 is therefore not sustainable in its present form and it is accordingly set aside. The writ application stands allowed. P. Kumar (Navin Sinha, J.)