IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14242 of 2009 1. RAJEEV RANJAN DAYAL S/O SRI AKHILESHWAR DAYAL R/O 292, ANUGRAHPURI COLONY, P.S. RAMPUR, DISTT. & TOWN- GAYA Versus 1. DIRECTOR GENERAL OF POLICE GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 2. THE PRINCIPAL SECRETARY [HOME AFFAIRS] GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 3. THE INSPECTOR GENERAL OF POLICE BHAGALPUR ZONE, BHAGALPUR ----------- 2. 10.11.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The short question in this case is with regard to the interpretation of Rule 853 (A) (a) of the Bihar Police Manual in which the earlier punishment of forfeiture of last five increments imposed upon the petitioner with certain further directions has been enhanced to one of dismissal. At this stage, the short question for consideration by this Court is, whether before enhancement of the punishment visiting the petitioner with further adverse civil consequences was he required to be heard or not? This Court has no hesitation in holding that the principles of natural justice even though not expressly provided for in the aforesaid rules of the Police Manual shall be read in it by the Court. If a superior authority calls for the file and decides to reopen the issue of punishment, then if punishment is proposed to be enhanced, no unilateral action can be permitted as any such fresh order is to visit the delinquent with adverse civil consequences. This principle of law stands so well embedded by now and that this Court does not consider it necessary to discuss and reason the same any further to unnecessarily burden the present order. The impugned orders dated 16.5.2008/30.5.2008 and 11.9.2009 are not sustainable in their present form. They are accordingly set aside. The respondents are required to issue proper notice to the petitioner with a liberty to show cause and only thereafter they can pass appropriate orders in accordance with law. It is made clear that setting aside of the impugned order shall not result in revival of any immediate legal benefit to the petitioner as it has been set aside for technical non compliance of the principles of natural justice only. Let such fresh orders be passed by the respondents within a maximum period of two months from the date of receipt and/or production of a copy of this order before them. Needless to state that if fresh show cause notice is issued the petitioner has to be given opportunity to file a fresh reply to his satisfaction. The writ application stands disposed off. Snkumar/- (Navin Sinha,J.)