CWP No. 4596 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 4596 of 2005 DATE OF DECISION: May 30, 2011 Gurcharan Singh .........PETITIONER(S) VERSUS State of Punjab and others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. H.K. Brinda, Advocate, Mr. Dharam Pal, Advocate, for the petitioner(s). Mr. Anil Kumar Sharma, Addl. A.G., Punjab. AJAI LAMBA, J. (ORAL) 1. This civil writ petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing Order Annexures P-6 dated 16.02.2005, vide which pay of the petitioner has been refixed downwards in view of audit objection and recovery has been ordered. 2. Learned counsel for the petitioner contends that the petitioner was never heard before refixation of pay. In such circumstances, the petitioner be given an opportunity of hearing before any order adverse to his rights is passed. 3. Learned counsel for the respondent-State has not been able to dispute the fact that the petitioner was not heard before his pay was refixed. Refixation of pay downwards affects the civil rights of a person. In such circumstances, principles of natural justice require that an employee is given CWP No. 4596 of 2005 2 hearing before any order adverse to his rights is passed. 4. This petition is allowed. 5. Order Annexure P-6 is quashed, however, with liberty to the respondents to refix the pay after giving an opportunity of hearing to the petitioner. 30.05.2011 (AJAI LAMBA) shivani JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?