CWP(T) No. 1456 of 2008 with CWP No. 1941 of 2009. CWP(T) No. 1456 of 2008 01.11.2010 Present: Mr. S. S. Sood, Advocate vice Mr. Neel Kamal Sood, Advocate, for the petitioner. Mr. Ram Murti Bisht, Dy. Advocate General with Mr. Ramesh Thakur, Asstt. A.G. for respondents No. 1 & 2. Ms. Bhawna Dutta, Advocate, for respondent No. 3. CWP No. 1941 of 2009 Mr. Ashok Sharma, Advocate, for the petitioner. Mr. Ram Murti Bisht, Dy. Advocate General with Mr. Ramesh Thakur, Asstt. A.G. for respondent No. 1 Ms. Bhawna Dutta, Advocate, for respondent No. 2. CWP(T) No. 1456 of 2008 with CWP No. 1941 of 2009. It is the petitioner’s grievance that before passing the impugned orders whereby petitioner has been deprived of his pecuniary benefits he was not afforded any adequate opportunity of hearing/representation. Order dated 19.12.2008 (Annexure P- 10) is evident in this regard. Certain monetary benefits of proficiency increment accorded to the petitioner over a continuous period of time, on the basis of alleged audit objection, were unilaterally withdrawn without affording any opportunity. Petitioner was not even informed of the proposed action before passing of the impugned orders. 2. Withdrawal of pecuniary benefits definitely entails civil consequences. Petitioner’s valuable rights stands violated. -2- Principles of natural justice have not been complied with at all. In fact there is serious infraction of the same. 3. Consequently on this short ground alone impugned orders dated 28.4.2007 (Annexure P-4), 15.6.2007 (Annexure P- 5), 13.11.2007 (Annexure P-7), 12.8.2008 (Annexure P-8) and 19.12.2008 (Annexure P-10) are quashed. Respondents are directed to take action in accordance with law. While taking the decision they shall take into account the ratio of law laid down by the Apex Court in Syed Abdul Qadir and others versus State of Bihar and others, (2009) 3 SCC 475 particularly when petitioner was not at fault and the amount was disbursed by the respondents without any misrepresentation on his part. 4. The decision be taken by the respondents within a period of three months from the date of receipt of the certified copy of the order. With the aforesaid observations the petition stands disposed of. (Sanjay Karol), Judge. November 1, 2010 (PK)