IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1660 of 2009 Deobaran Pandit . Versus The State Of Bihar & Ors . ----------- 3. 04.07.2011 None for the petitioner. Counsel for the State has assisted the Court both from the writ petition and the counter affidavit. The petitioner is stated to have superannuated on 31.8.2003. He is aggrieved by an order dated 29.12.2004 directing recovery of a sum of Rs. 20,211/- against him under the salary head. Though the writ petition is not very specific, Paragraph-8 is suggestive of the fact that the re-fixation of pay scale has been done without notice to the petitioner. Counsel for the State from the counter affidavit fairly acknowledges that there is no specific denial that any show cause notice was given to the petitioner before issuance of the impugned order re-fixing his pay scale and directing recovery. On that ground only the impugned order dated 29.12.2004 is held to be not sustainable. It is accordingly set aside. Without prejudice to the rights of the respondents to issue him a fresh show cause notice and after consideration of the cause shown within the specified time, failing which it shall be deemed a case 2 where the petitioner has no objections, and then pass a reasoned and speaking order. Nothing in this order shall be deemed or construed as any opinion or observation of the Court on the merits which remains open for consideration afresh in accordance with law by the respondents. The writ application stands disposed. P. Kumar (Navin Sinha, J.)