IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6491 of 2009 PRITHWI NATH TIWARY Versus THE STATE OF BIHAR & ORS ----------- 2 21/5/2009 Heard counsel for the petitioner. No one appears for the State. Admittedly the petitioner was given time bound promotion by an order dated 4.10.1988 and if such promotion for any reason whatsoever was found to be not sustainable in course of granting A.C.P., the respondents were definitely required to give a show cause notice to the petitioner. It has been clearly asserted in the writ application that no such show cause notice was given to the petitioner. In the opinion of this Court since the impugned order also does not speak a word about issuance of a show cause notice to the petitioner such order withdrawing the benefit of time bound promotion, which is sought to be given effect to in terms of Office order No. 205 dated 15th November, 2008, (Annexure-2) could not have been passed without giving show cause notice and/or opportunity of personal hearing. That being so, the impugned order as contained in Annexure-2, dated 15th November, 2008, is quashed as a whole and the matter is remitted back to the concerned authority who will issue show cause notice to the petitioner whereafter a final order may be passed as with regard to both time bound promotion as also grant of A.C.P. 2 In view of the fact that the petitioner is to superannuate on 30.6.2008, this Court would direct that such decision be taken by the Chief Engineer within a period of three months from the date of receipt/production of a copy of this order so that whatever pensionary benefit has to be extended to the petitioner does not get delayed only because of incorrect fixation of last salary drawn by the petitioner. This application is accordingly allowed only to the aforementioned extent. Abhay Kumar (Mihir Kumar Jha, J.)