IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10345 of 2008 JAGDISH CHOUHAN . Versus THE STATE OF BIHAR & ORS . ----------- 2. 2.8.2010 Heard learned counsel for the petitioner and the State. The claim in this writ application is for arrears of salary from April, 2007 till date which the respondents contend is for reasons of unauthorized absence denied by the petitioner. The counter affidavit does not state that any proceedings had been started against the petitioner. Unauthorized absence is primarily a question of fact. The petitioner may or may not have an explanation for the same. The explanation given may or may not be acceptable to the authorities. Nonetheless, the requirement of procedures to be followed by giving of a show cause notice with an opportunity to defend has to be complied with. At this stage, the question whether there is a defence and whether it would be acceptable or not are irrelevant. The writ application is disposed off with the direction that after the petitioner appears with a 2 copy of the present order, he shall be given a show cause notice within a maximum period of 10 days. He is then required to submit his reply to the same within a maximum period of two weeks from the date of service of such show cause upon him. Let the concerned authorities then take a final, reasoned and speaking decision within a maximum period of two weeks from the date of submission of such reply by the petitioner. It is expected that if the authorities find any justification in his claim or any part of the claim, necessary consequential order shall be issued simultaneously. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)