IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8376 of 2002 RANJEET SINGH Versus THE SECRETARY,B.S.E.B. & ORS ----------- 6 23.3.2009 Heard learned Counsel for the petitioner and the State. The petitioner superannuated on 30.11.1999 from the post of Senior Scale Correspondence Clerk drawing pay scale of Rs.1500-2660/-. After his superannuation the impugned order dated 23.4.2001 has been passed reverting him to a lower pay scale with effect from 8.3.1992. Learned Counsel for the petitioner submits that the respondents have purported to do so after his superannuation when the master servant link has been severed and there is no allegation of any fraud played by the petitioner. Learned Counsel for the State sought to persuade this Court to consider the legality of the impugned order from the statements made in the counter affidavit that the pay scale was granted erroneously. Learned Counsel for the Board finds it 2 difficult to answer the nature of the administrative and disciplinary control over the petitioner after his superannuation except under the Bihar Pension Rules, more so, when there are no allegations of any fraud leading to the grant of pay scale. That the impugned order has been issued without notice to show cause is not denied by the respondents. This Court required the respondents to support the impugned order from the recital therein as the law stands settled that any order of the authorities has to be tested for the reasons mentioned in the order itself and cannot be supplemented by a counter affidavit. A bad order cannot be made good by a counter affidavit just as good order cannot be made bad by a counter affidavit. In view of the admitted position of the non-compliance of the principles of natural justice, absence of any reason why the impugned order came to be passed rendering the same arbitrary, lack of any disciplinary or administrative control of the respondents over the petitioner except under the Bihar Pension Rule after his superannuation, the impugned 3 order dated 23.4.2001 is not sustainable. It is accordingly set aside. Petitioner shall be deemed to have retired from holding the pay scale of Rs. 1500- 2660/-. The writ application stands allowed. A.kumar (Navin Sinha, J.)