CWP No.2278 of 2007. 19.06.2008 Present: Mr. Y.P.S. Dhaulta, Advocate, for the petitioner. Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Deputy Advocate General, for respondents No.1 to 3. Mr. V.D. Khidtta, Advocate, for respondent No.4. The Deputy Commissioner, Shimla, decided the matter vide his order dated 18th November, 2007. It has been contended on behalf of the petitioner that the principle of natural justice has not been followed by the Deputy Commissioner while deciding the matter and in support relies upon the judgment of the Apex Court in Smt. Maneka Gandhi v. Union of India and another, AIR 1978 SC 597. Learned Counsel for respondent No.4 submits that the enquiry was held, therefore, there was no further requirement to hear the petitioner. We do not find any force in the arguments of the learned Counsel for the respondent because the rule of law has to prevail and the same requires that opportunity to be granted to the delinquent official. Learned Deputy Advocate General while responding to the arguments of Mr. Dhaulta submits that from the record it is apparent that no opportunity has been given to the petitioner before the passing of the impugned order. Accordingly, the impugned order dated 18th November, 2007 passed by the Deputy Commissioner is quashed and set aside. The Deputy Commissioner, Shimla is directed to decide the matter in accordance with law and after giving proper opportunity and personal hearing to the petitioner. With these observations, the writ petition stands allowed. CMP No. 3474 of 2007. In view of the order passed in the writ petition, this application is also disposed of. (Jagdish Bhalla), C.J. June 19, 2008. ( Rajiv Sharma ), J. (rc)