IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3775 of 2009 SATYA NARAYAN SAH Versus THE STATE OF BIHAR & ORS ----------- 02/ 03/03/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 9.10.2007 by which the first time bound promotion given to him with effect from 6.3.1992 has been cancelled and orders for recovery in two equal instalments have been passed. In pursuance thereof orders have been passed on 4.8.2009 and a sum of Rs.1,22,301.00 recovered during the pendency of the writ petition. The petitioner is stated to have retired on 30.6.2009 and his pension and other retiral dues have been directed to be determined in accordance with the order dated 9.10.2007. Learned counsel for the petitioner submits that the time bound promotion was granted to the petitioner simultaneous with one Vishundeo Thakur. The latter was also allowed the benefit with effect from 6.3.1992. On 24.7.1997 the Finance Department approved the grant of benefit of first time bound promotion to him. Despite the petitioner being similarly situated, he has been subjected to hostile 2 discrimination when even while not disturbing the benefit of time bound promotion to Vishundeo Thakur that of petitioner has been cancelled by the impugned order and that too without a show cause notice. The petitioner is alleged to have represented on 10.9.2008 against the cancellation of his time bound promotion. If the order has been passed in violation of the principles of Natural Justice, as asserted in paragraph-22 of the writ application when the impugned order also does not contain any recital of any show cause notice issued to him, the mere filing of a representation by the petitioner shall not fulfil the requirement for a show cause notice. The impugned order dated 9.10.2007 is directed to be kept in abeyance. The respondent No.2 is directed to serve a show cause notice to the petitioner within a maximum period of two weeks from the date of receipt/presentation of a copy of this order before him. In addition to the representation filed, the petitioner shall be at liberty to file his reply to the show cause notice. The respondents are then obliged to deal with all issues including that of hostile discrimination and pass a reasoned and speaking 3 order within a maximum period of three weeks from the date of receipt/presentation of such cause shown by the petitioner. Needless to state that any recovery effected in the meantime shall automatically abide by the final decision that shall be taken by the respondents in the meantime. If the respondents do not decide issues within a maximum period of three weeks from the date of cause being shown by the petitioner, they shall be precluded from taking further action in the matter in view of the specific allegation of hostile discrimination vis-à-vis Vishundeo Thakur and then be obliged within two weeks after the expiry of this period of three weeks to refund the deductions alleged to have been made from the petitioner by order dated 4.8.2009. The order dated 9.10.2007 directed to be kept in abeyance shall stand set aside on expiry of that period, in that event. The writ application stands disposed. KC/ ( Navin Sinha, J.)