CWP(T) No. 5187 of 2008 30.7.2010 Present: Mr. Bimal Gupta, Advocate, for the petitioner. Mr. R. K. Sharma, Senior Additional Advocate General with Mr. Rajesh Mandhotra, Dy. A. G. for respondent No. 1. Mr. Dilip Sharma, Advocate, for respondent No. 2. It is the petitioner’s grievance that before passing the impugned order dated 5.8.1995 neither he has been afforded any opportunity of hearing/representation nor has the authorities dealt with the issue raised by him in the reply (Annexure A-2) filed by him pursuant to the show cause notice dated 1.6.1995 (Annexure A-1). 2. Petitioner was serving as a Senior Accountant and in terms of the voluntary retirement scheme floated by the respondent he sought voluntary retirement. Show cause notice seeking to recover the loss caused to the respondent/organization of a sum of Rs. 27,500/- was issued to the petitioner during the course of his employment. At the time of release of the retiral benefits the said sum was recovered by the respondent/authorities. 3. That the respondent/authorities have not heard the petitioner before passing the impugned order is not in dispute. Principles of natural justice stand violated. 4. As such direction is issued to the respondent/authorities to pass a fresh order after affording due opportunity of hearing/representation to the petitioner. Within a period of two months from the date of the receipt of the certified copy of the order the authorities shall issue notice of hearing to the petitioner. Petitioner shall make adequate arrangement for representation on the -2- date fixed. The authorities shall thereafter pass a fresh order by assigning reasons by taking into account the concern raised by the petitioner in Annexure A-2. Needful be done within a period of eight weeks from the date fixed for hearing. Learned Counsel for the petitioner shall intimate the present address of the petitioner to the learned Counsel for the respondent within a period of two weeks from today. 5. Order dated 5.8.1995 (Annexure A-4) is quashed. However, the respondent/authorities shall not release the amount to the petitioner till such time the final decision is taken in the matter. If eventually the authorities come to the conclusion that the amount had been wrongly withheld, petitioner shall be entitled to interest @ 6% p.a. from the due date. 6. With the aforesaid observations the present petition stands disposed of. Dasti copy. (Sanjay Karol), Judge. July 30, 2010 (PK)