1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : D.B. Civil Writ Petition No.8310/2009. (Union of India & Others Vs. Ramesh Chand & Another) DATE OF ORDER : February 15, 2010 P R E S E N T HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS _________________________________________ Mr. Kausar Praveen for the petitioners. Mr. Vijay Mehta/Mr. S.K. Malik for the respondent(s). Today, we have heard and decided identical writ petition being D.B. Civil Writ Petition No.6145/2009, Union of India & Others Vs. Satya Pal & Another. In that writ petition, identical controversy is involved and the writ petition is partly allowed. While following the adjudication made in said D.B. Civil Writ Petition No.6145/2009, this writ petition is also partly allowed. We maintain the 2 first part of the order impugned passed by the Central Administrative Tribunal whereby orders impugned before the Tribunal were quashed; but, in regard to latter part of the order, we deem it just and proper to grant liberty to the petitioners that before passing any order carrying civil consequences, at least, notice may be issued to the respondent-applicant and opportunity of hearing shall be granted to the employee and, thereafter, fresh order may be passed. Accordingly, latter part of the order impugned passed by the Tribunal to the extent of imposing restraint upon the petitioners upon recovery is quashed and set aside. It is however made clear that while deciding the matter of change in date of promotion and recovery, the department shall follow the rules and regulations which are in existence. (Gopal Krishan Vyas) J. (A.M. Kapadia) J. Ojha, a.