CWP(T) No. 6478/2008 02.08.2010 Present: Mr. Ranjan Sharma, Advocate, for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A.G. and Mr. Rajesh Mandhotra, Dy. A.G. for the respondents There is no dispute that petitioner’s pay scale was fixed in terms of office order dated 24.9.1998. He was officiating as Assistant Engineer (Designs). There is also no dispute that in terms of office order dated 25.2.1999, the respondents have cancelled the earlier order. In effect there has been a downward revision in the pay scale and emoluments of the petitioner. The amounts disbursed in terms of the initial orders are sought to be recovered from the petitioner. There is also no dispute that prior to the initiation of the impugned order dated 25.2.1999 and the consequential action of the respondents to recover the amount, no opportunity or notice of hearing was afforded to the petitioner. Reduction of pay scale evidently entails civil consequences. As such, as has been prayed for by the learned counsel for the petitioner, on this short ground alone the impugned action and the impugned order dated 25.2.1999 is quashed. The respondents are at liberty to initiate appropriate action, in accordance with law after fully complying with the principles of natural justice. It is pleaded by the learned counsel for the petitioner that there was no misrepresentation in fixation of higher pay scale. The authorities shall take into account this fact while taking decision in the matter. 2. Before taking final decision the respondents shall not only afford adequate opportunity of hearing but also take into account the ratio of law laid down by the Apex Court in Syed Adbul Qadir & Ors. vs. State of Bihar & Ors., (2009) 3 SCC 475. The order containing reasons shall be communicated to the petitioner. The petition stands disposed of. ( Sanjay Karol ), Judge. August 02, 2010 (rana)