IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10336 of 2010 1. JAWAHAR PRASAD YADAV S/O DEVKI PRASAD YADAV @ RAMDHAN R/O VILL.- BHAWANIPUR, P.S.- RANGRA NAWGHACHIA, DISTT.- BHAGALPUR, PRESENTLY RETRENCHED CONSTABLE NO. 316 BIHAR MILITARY POLICE-12, SAHARSA Versus 1. THE STATE OF BIHAR 2. THE ADDL. DIRECTOR GENERAL OF POLICE, MILITARY POLICE, BIHAR PATNA 3. THE DY. INSPECTOR GENERAL, MILITARY POLICE, (CENTRAL ZONE) BIHAR PATNA 4. THE DY. INSPECTOR GENERAL, MILITARY POLICE, (NORTH ZONE), MUZAFFARPUR 5. THE COMMANDANT, BIHAR MILITARY POLICE-12, SAHARSA 6. THE COMMANDANT, BIHAR MILITARY POLICE-2, DEHRI, DISTT.- ROHTAS ----------- 2 05.05.2011 Learned counsel for the petitioner submits that the order of termination, as contained in Annexure-1, was received by the petitioner as a bolt from the blue without any prior intimation even to him that any action is contemplated or is being taken against him. The specific pleading in paragraph 15 of the writ application is made in this respect stating that no opportunity was given to the petitioner before order of termination was passed. This pleading has not been denied in the counter affidavit and there is nothing in the counter affidavit to show that before order of termination was issued and served on 2 the petitioner he was ever given any notice. The submission of learned counsel for the respondents that the petitioner has an alternative remedy by way of appeal is therefore of no consequence. This is a clearly high handed and arbitrary act on the part of the respondent Commandant completely throwing all the requirements of rules of law to wind. The impugned order, as contained in Annexure-1, is therefore quashed. The writ application is allowed. Arvind/ ( J. N. Singh, J.)