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2015 Supreme(HP) 1694

RAJIV SHARMA, SURESHWAR THAKUR
Bansi Ram – Appellant
Versus
Himachal Road Transport Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Onkar Jairath, Advocate.
For the Respondents:Mr. B.N. Sharma, Advocate.

JUDGMENT :

Rajiv Sharma, J.

Petitioner retired from the post of Conductor on attaining the age of superannuation on 31.3.2014. Respondent-Corporation issued an office order dated 13.11.2014 whereby last pay drawn by the petitioner was revised and reduced from Rs.17,650/- to Rs.17,320/- . This exercise was undertaken by the Corporation after 28 years. Petitioner was called to pay an amount of Rs.71,796/- as per communication dated 31.12.2014. Petitioner has neither misled nor mis-represented the authorities at the time when his pay was fixed in the year 1986. Petitioner has not been issued any show cause notice before revising his pay and ordering recovery of Rs.71,796/-. It is settled law by now that any order which has civil consequences must be passed in conformity with principles of natural justice. Petitioner has suffered civil consequences since his pay has been fixed without hearing him that too after 28 years. Reduction of petitioner's salary from Rs.17,650/- to Rs.17,320/- would also affect his pension.

2. Their Lordships of the Hon'ble Supreme Court in Rajesh Kumar and others versus Dy. CIT and others, 2007 (2) SCC 181 have held that

?26. Effect of civil consequences arising o

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