1 S.B. CIVIL WRIT PETITION NO.2919/2004 (Bhagwan Das Vs. Union of India & Ors.) Date of Order :: 15.07.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.S.P. Sharma, for the petitioner. Mr.Vijay Bishnoi, for the respondents. It is submitted by learned counsel for the petitioner that petitioner was granted certain benefits before his retirement and after retirement vide order dated 25th April, 2003 (Annexure-5) pay of the petitioner was reduced from Rs.11,020/- to Rs.10530/- without giving any notice and without providing any opportunity of hearing to the petitioner. In this view of the matter, I am of the opinion that if any adverse order is passed with regard to re-fixation and reducing salary of an employee, then it is required under the law that a notice shall be given to the employee concerned, so also, opportunity of hearing must be given to the employee concerned it is also required to assign the reasons for which the department is going to reduce salary of the employee. In this case, admittedly before passing Annexure-5 dated 25th April, 2003 for reducing salary of the petitioner, no notice or opportunity of hearing was given to the petitioner, 2 therefore, the order is against the principle of natural justice. Accordingly, the writ petition is allowed. The order Annexure-5 dated 25th April, 2003 which is passed by the respondent for reducing salary is violative of principle of natural justice. However, the respondents are at liberty to pass a fresh order after providing opportunity of hearing to the petitioner and at the time of deciding the matter with regard to reducing the pay of the petitioner, they shall consider all the points raised by the petitioner objectively and pass reasoned order. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-