IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1895 of 2011 Decided on: 14.07.2011 Sanjeev Kumar …Petitioner. Versus State of H.P. & others …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. A.K. Gupta, Advocate. For the respondents: Mr. Vivek Singh Thakur, Additional Advocate General. Deepak Gupta, J. (Oral) The petitioner, by means of this petition, has challenged the order dated 02.07.2010, whereby his pay has been reduced and recovery has been ordered from his pay. 2. At this stage, the Court is not going into the merits of the case. The case of the respondents is that it was a case of wrong fixation which lead to the impugned order being passed. Whether it is a genuine case or a case of wrong decision, no order effecting the rights of the petitioner should have been passed without first hearing the petitioner. Therefore, the order is liable to be set aside only on this ground. 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. -: 2 :- 3. The order, Annexure P-1, whereby the pay was fixed in favour of the petitioner was passed on 12.10.2009 and the impugned order passed almost ten months later. Be that as it may, the impugned order cannot be permitted to operate to the detriment of the petitioner without giving him any opportunity to be heard. 4. The petition is, therefore, disposed of with the following directions: 1. That the respondents shall give a notice to the petitioner asking him to show cause why his pay should not be reduced within four weeks from today; 2. That no recovery shall be made from the salary of the petitioner till further orders; and 3. That till further orders the pay of the petitioner shall be governed by Annexure P-2. In case the matter is decided in favour of the petitioner, he shall be entitled to the arrears in accordance with Annexure P-1 alongwith interest @ 12% per annum. 5. The writ petition is disposed of in the aforesaid terms. No costs. (Deepak Gupta) Judge July 14, 2011 (rajni)