K.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2737 OF 2008 WRIT PETITION NO. 2737 OF 2008 WRIT PETITION NO. 2737 OF 2008 The Union of India & Ors. )..Petitioners Vs. B.V.Patil )..Respondent ---- Mr.Suresh Kumar for the petitioner. Mr.Sandip Morne for the Respondent. ---- Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & Coram : D.K.Deshmukh & R.S.Mohite,JJ R.S.Mohite,JJ R.S.Mohite,JJ Date : 22.4.2009. PC 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. The short grievance made on behalf of the petitioners is that the CAT having found that the order reducing the pension of the respondent was issued without issuing him show cause notice could not have gone into the merits of the matter and decided that the reduction in pension was not proper. In the submission of the learned Counsel for the petitioners, having found that the order of reduction of pension is made in violation of : 2 : principles of natural justice, the Tribunal should have set aside the order and should have granted liberty to the authorities to issue show cause notice. We have heard learned Counsel for the respondent. We find substance in this submission. As it is a common ground that the order reducing the pension has been made without issuing show cause notice, in our opinion, following order would meet the ends of justice :- O R D E R (i) The order of the CAT in so far as merits is set aside but the order passed by the CAT setting aside the order reducing pension is confirmed. The petitioner shall be at liberty to issue show cause notice and after considering the objections that the respondent may raise, make order in accordance with law ; (ii) Before issuing show cause notice the petitioners will have to pay back to the respondent any amount that may have been recovered from him pursuant to the order reducing the pension and the petitioners also will have to start paying to the respondent pension at the original rate that was in force before reduction as also the arrears of pension if any payable ; : 3 : (iii) It is clarified that the petitioner will not be entitled to issue show cause notice for reduction of pension without making the aforesaid payment. (iv) Rule made absolute accordingly with no order as to costs. (D.K.Deshmukh,J) (D.K.Deshmukh,J) (D.K.Deshmukh,J) (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)