13.3.2009 Present: Ms. Ranjana Parmar, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. AG with Mr. Vivek Thakur, Addl. A.G. for the respondents. CWP(T) No. 3939/2008 (OA 1985/96) The petitioner has assailed the impugned order dated 26.11.1996 whereby the arrears of Rs. 71,827/- are sought to be recovered due to the refixation of the pay. Undisputedly, as is borne out from the record, petitioner was not afforded any opportunity of hearing prior to the issuance of the same. No notice was ever issued. It definitely entails civil consequences as recovery is sought to be affected from him. The Apex Court in Kothari Filaments and another versus Commissioner of Customs (Port), Kolkata and others, (2009) 2 SCC 192, has held that an order passed by a statutory authority, particularly when by reason whereof a citizen of India would be visited with civil or evil consequences it must be based on reasons. The compliance of principles of natural justice is sine qua non. On this short ground alone, impugned order dated 26.11.1996 is quashed. Respondents are directed to issue notice to the petitioner and after affording adequate opportunity of hearing pass a reasoned order. It shall always be open for the petitioner to place all relevant material including the material placed herein and various decisions by the Apex Court. Needless -2- to add the matter pertains to the year 1996 and the respondents shall decide the issue positively within a period of four months from today. With the aforesaid observations the present petition is disposed of. (Sanjay Karol), Judge. March 13, 2009 (PK)