HAIDER ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) In the instant petition, petitioner has prayed for following reliefs:

(3.) The impugned communication dtd. 17/5/2021 is relating to re-fixation of petitioner's pay and reducing his pay. Such communication is without notice to the petitioner. It should have been proceeded by notice to the concerned employee. Such a formal procedure has not been undertaken before issuance of communication dtd. 17/5/2021. Thus petitioner has made out a prima facie case so as to interfere with the communication dtd. 17/5/2021. Accordingly the communication dtd. 17/5/2021 is set aside reserving liberty to the concerned respondent to initiate proceedings like issuance of detail show cause notice in respect of re-fixation and reduction of pay of petitioner. In the event of issuance of show cause notice, the petitioner shall furnish his explanation within a period of one month from the date of receipt of notice to be issued by the respondent. Thereafter, the concerned respondent is hereby directed to take decision after due consideration of the each of the contention to be raised by the petitioner against show cause notice in his reply/explanation.