YUSUF KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, for the State and for the Accountant General.

(2.) THE respondents by an order dated 4.7.2008 without issuance of show cause reduced the pay scale of the petitioner with regard to the period 1.4.1981 to 1.1.1996 affecting the time bound promotions granted to him and also ordered recovery. He came to this Court in C.W.J.C. No. 11183 of 2008 seeking limited direction that he proposes to file a representation against the same. He did so on 14.9.2008 in which he took the objection in the very opening line that the order was ex parte in nature.

(3.) THE impugned order dated 21.8.2009 virtually puts the cart before the horse. This Court is concerned with the decision making process which has to be fair, reasonable and transparent. If the respondent authorities pass orders contrary to law notwithstanding the fact that they have a large number of State legal advisers and without taking whose assistance they insist on passing orders themselves contrary to law, there is not much the Court can do but to set aside such orders. This Court accordingly sets aside the order dated 21.8.2009.