IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1037 of 2009 PRAVIN KUMAR Versus BIHAR RAJYA MAHILA AYOG & ORS ----------- 3/ 04/05/2009 Heard learned counsel for the petitioner, learned counsel for the private respondent No.7 and learned counsel for the State. The petitioner and private respondent No.7 are brother and sister. The family consists of other brothers also. On the death of the father, the petitioner was provided compassionate appointment. The salary of the petitioner has now been halved by 50% on an application made by respondent no.7 that the petitioner was neglecting her. Respondent No.7 approached the Bihar State Commission for Women which, after notice to the petitioner, also made certain recommendations to the Bihar State Electricity Board and in pursuance of which the impugned order dated 8.4.2009 halving the salary came to be passed. Learned counsel for the petitioner sought to question the jurisdiction of the Commission to give directions to the Board and the Board blindly acting upon the same. Learned counsel for the Board submitted that 2 the board has only acted in terms of the conditions of the compassionate appointment after it was brought to its attention that the petitioner was neglecting the dependants on which undertaking compassionate appointment was provided. The petitioner has specifically urged that the impugned order dated 8.4.2009 has been passed without any opportunity to the petitioner to show cause against the same. This Court is satisfied that the impugned order dated 8.4.2009 is not maintainable in its present form. The Board cannot abdicate its duties to act merely at the behest of another person. If the Board provided appointment on certain specified conditions inter alia of the petitioner looking after the dependants, as petitioner allegedly violated the same, the Board is required to proceed by independent application of mind and after due consideration and opportunity to those affected by its order. For reason of the aforesaid discussion, the order dated 8.4.2009 is set aside. The Board may proceed to issue notice both to the petitioner and the respondent No.7 and after due opportunity to both of them pass appropriate orders in accordance with law. Let the same be done within a maximum period of 12 weeks from the date of receipt/presentation of a 3 copy of this order. If either of the parties do not appear, the competent authority of the Board shall be at liberty to proceed ex parte also, but after duly recording service of notice on the concerned person absent and reasons for proceeding ex parte. The writ application stands allowed. Any recovery effected in the meantime shall necessarily abide by such decision that may be taken by the Board. KC (Navin Sinha, J.)