1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. CIVIL WRIT PETITION NO.4425/2005 (Devaki Nandan Sharma Vs. Union of India & Ors.) Date of Order :: 06.08.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.A.K. Rajvanshi, for the petitioner. Mr.D.S. Rajvi, for the respondents. The petitioner is challenging the validity of impugned order dated 26th May, 2005 (Annexure-10) whereby his salary was reduced and recovery from the pay was ordered without providing any opportunity of hearing. Further petitioner has prayed for direction to fix his pay in January 2001 by giving three notional increments from March 1998 to January, 2001 by treating him appointee of March, 1998. In second stay application it is prayed by petitioner that during pendency of writ petition salary of the petitioner has been reduced. The main contention of petitioner is that the impugned order Annexure-10 dated 26th May, 2005 has been passed without providing any opportunity of hearing to 2 petitioner, so also during pendency of writ his salary has been reduced without any notice, therefore, action of the respondents is against the principle of natural justice. In my opinion before refixation and recovery of salary and reducing pay, at least an opportunity of hearing employee is required to be given to an employee. But in this case, the impugned orders have been passed without providing opportunity of hearing to petitioner, therefore, in the interest of justice, order Annexure-10 dated 26th May, 2005 and all consequential orders are hereby quashed with liberty to respondents that they may pass fresh order after providing opportunity of hearing to petitioner and after considering the grounds taken by petitioner at the time of hearing. With above direction, this writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-