IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.301 of 2009 In (CIVIL WRIT JURISDICTION CASE 4243/2005) Ram Nath Mahto, S/o Late Shree Bhondu Mahto, resident of village- Sonauh, P.O + P.S.- Fatwa, District- Patna ….. Petitioner-Appellant Versus 01. The State Of Bihar 02. The Accountant General, Bihar, Patna 03. The District superintendent of Education, Patna 04. The Block Education Extension Officer, Danapur, Patna ….. Respondents-Respondents ---------------------------------- 06. 02.12.2011 In this Appeal the appellant is aggrieved by reduction of 50% of his pension in the re- fixation of his pay vide order dated 27.5.2004 and also his gratuity vide order dated 10.7.2004. Learned counsel for the appellant has submitted that there is no fraud or misrepresentation on the part of the appellant and hence recovery should not be made. Having heard learned counsel for the parties, we are of the opinion that as there is no material available before the learned Single Judge as well as before this Court with regard to any fraud or misrepresentation on the part of the appellant, therefore there should be no recovery from the amount which has already been paid to the appellant. So far as re-fixation of pension of the appellant is concerned, we have to quash the said 2 order of re-fixation on the ground of violating the principles of natural justice as per judgment of the Apex Court reported in the case of Syed Abdul Qadir And Others Versus State of Bihar & Others AIR 2009 (3) SCC 475, as no prior notice has been issued to him with regard to reduction of pension and gratuity. But however liberty is also granted to the respondent State to issue notice to the appellant in this regard and pass an appropriate order after receipt of the reply of such notice as expeditiously as possible. It is however made clear that, if any amount is recovered from the appellant the same shall be refunded to him. With the above observation the order of the learned Single Judge is set aside and this L.P.A. is allowed. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)