- (1.) Leave granted.
(2.) Admittedly the appellant herein has not been given an opportunity to place his case before the High Court. Therefore, the order under challenge deserves to be set aside. Learned counsel, appearing for the respondent, urged that no useful purpose will be served by sending the case back to the High Court as the appellant has already been transferred from Bettiah and therefore will not be able to withdraw the advance pay and T.A. We are not inclined to express any opinion on that contention. It would be open to the respondents to raise such contention as may be available to them under law before the High Court.
(3.) In view of the above, the appeal is allowed. The order under challenge is set aside and the case is sent back to the High Court to decide the matter in accordance with law. There shall be no order as to costs.;