IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10683 of 2005 OM PRAKASH GUPTA Versus THE RAILWAY BOARD & ORS ----------- 4. 3.2.2009 Heard counsel for the petitioner and the counsel for the Railways. The petitioner has assailed the correctness of an order dated 9/11.8.2005 whereby and whereunder a freedom fighter railway pass No. 533256 has been cancelled on the ground of its being misused by or on behalf of the petitioner. Counsel for the petitioner submits that a show cause notice was given to him on 23.5.2005 vide Annexure 2 to the writ application. In response whereof the petitioner had submitted his reply on 1.6.2005 but the impugned order which has been passed for canceling such a railway pass does not even acknowledge the aforementioned show cause reply much less refer to the contents thereof. It is true that the principles of natural justice have to be followed in letter and substance and merely issuance of a show cause notice would not be sufficient to claim compliance of principles of natural 2 justice. In the present case a show cause notice was given and in reply thereof the petitioner had not only challenged the correctness of the allegations but had also demanded certain documents and therefore, if the authorities had proceeded to pass the order they were required to at least deal with the contents of show cause reply. That having been not done and the impugned order virtually containing no reason and in fact showing no consideration to the show cause reply filed by the petitioner, the same cannot be sustained and therefore the impugned order as contained in Annexure-5 is hereby quashed and the matter is remitted back to the competent authority of the Railways to reconsider the show cause reply filed by the petitioner. It goes without saying that if the authority would like to rely on any material beyond what has been alleged in the show cause notice including any materials collected in course of search source and investigation of the criminal materials lodged for the misuse of Railway Pass of the petitioner, such will be definitely confronted to the petitioner 3 so that yet again this Court is not compelled to interfere in the matter on the ground of violation of principles of natural justice. In view of the fact that the railway pass issued to the petitioner has remained subject matter of controversy for a period of more than 31/2 years, it is expected that the competent authority will take a decision expeditiously and preferably within a period of three months from the date of receipt/ production of a copy of this order. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/