CWP(T) No. 4146/08 (OA No. 40/97) 30.3.2009 Present: Ms. Sunita Sharma, Advocate, for the petitioner. Mr. Adarsh Sharma, Advocate, for the respondents. The petitioner was working as conductor with the respondent-Corporation and vide office order dated 10.2.1992 (Annexure A-I/A) was granted senior pay scale of Rs. 1200-2100 w.e.f. 1.1.1986. The said order was revised in terms of order dated 12.2.1992 (Annexure A-2) and the pay scale was refixed as a consequence of the penalty imposed upon him. The petitioner’s pay was refixed at Rs. 1200/- with effect from 1.1.1986 and Rs. 1320/- with effect from 1.2.1992. This order is not under challenge. However, vide another office order dated 4.1.1993 (Annexure A-3) his pay was reduced and fixed w.e.f. 1.1.1986 at Rs. 1050/- and Rs. 1150/- w.e.f. 1.1.1992 respectively. In the reply the respondents have stated that prior to the passing of the order dated 4.1.1993 (Annexure A-3) notice dated 2.9.1994 (Annexure R-3) prescribed under Rule 19 of CCS(CCA) Rules 1965 was issued. Petitioner has categorically denied the said fact. Respondents could not substantiate as to in what manner the said notice was either issued or served upon the petitioner. Record also does not prove the service of the said notice. Even order dated 4.1.1993 (Annexure A-3) does not reflect the said position. It appears that the notice to show cause was either not issued or served upon the petitioner. The stand taken is prima facie, false as notice(Annexure R-3) is of the year 1994 whereas the impugned action is of the year 1993. The principles of natural justice -2- have not been complied with. In this view of the matter it cannot be said that petitioner was afforded opportunity of hearing/representation. Petitioner’s salary has been reduced which entails civil consequences. Prior to the passing of the impugned order it was incumbent upon the respondents to have served upon the petitioner a show cause notice in consonance with the principles of natural justice. Action of the respondents cannot be upheld, as such, Annexure A-3 is quashed. Respondents shall issue notice to the petitioner within a period of four weeks from today. The petitioner shall reply to the same within a period of four weeks from the receipt of the same. Thereafter, by affording an opportunity of hearing the respondents shall decide the issue within a period of 12 weeks. Needless to add the respondents shall pass a reasoned order and supply a copy of the same to the petitioner. Liberty granted to approach the Court if need so arises. Since Annexure A-3 stands quashed no recovery in terms thereof shall be effected by the respondents. With the aforesaid observations the petition is allowed. (Sanjay Karol), Judge. March 30, 2009 (PK)