RAGHUNATH LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ petition is directed against the order dated 25.10.1996 passed by the Executive Engineer reducing the pay -scale of the petitioner with retrospective effect from 1.5.1971 which is after a lapse of 25 years. It is not in dispute that the order has been passed without any notice to the petitioner. From a perusal of the impugned order (Annexure -12), it appears that it is not in dispute, that the said order has been passed in the year 1996 with effect from 1.5.1971. Learned counsel for the petitioner relied on a judgment of the Supreme Court in the case of Bhagwan Shukla vs. Union of India & ors. reported in AIR 1994 (SC) 2480 where the Apex Court held that reduction of basic pay of an employee with retrospective effect without giving opportunity, to show cause involves a violation of principles of natural justice and the order of such reduction of pay has to be quashed on the grounds of fair play in action. This Court also applies the ratio of the said decision to the facts of this case. Therefore, the impugned order (Annexure -12) in so far as the petitioner is concerned, is quashed.

(3.) IT is made clear that the order dated 25.10.1996 has been passed in appeal but previously there is another order dated 24.3.1993 which was passed by the Executive Engineer and as the order on appeal is quashed the previous order dated 24.3.1993 also stands quashed on the same reason. Both the orders at Annexures 9 and 12 are quashed so far as it relates to the petitioner.