Heard Ms. Dhara M. Shah, learned advocate appearing for the petitioner and Ms. Jirga Jhaveri, learned Assistant Government Pleader appearing for the respondents.
2. Though number of contentions are raised by the petitioner and several notifications as well as resolutions are relied upon by the petitioner, the present petition is required to be allowed only on the ground that the petitioner was not heard by the respondent authority before passing the impugned order dated 8.12.2000 by which the pay scale which was being received by the petitioner was reduced. It is not in dispute that the impugned order dated 8.12.2000 was passed by respondent No.2 without hearing the petitioner. It is a well settled principle of law that if any adverse order is required to be passed against a person, he shall be called upon to show-cause that why the impugned action should not be taken against him. It appears from the impugned order dated 8.12.2000 that the respondent No.2 authority took the decision against the petitioner while considering the case of another employee, late Mr. K. T. Vyas whose wife had challenged the similar decision of the respondent authority before the concerned Tribunal.
3. It is hereby made clear that the Court has not decided the case of the petitioner on merits.
4. In view of the above factual aspect, the present petition is allowed. The impugned order dated 8.12.2000 passed by the respondent No.2 is quashed and set aside. The respondent No.2 is directed to hear the petitioner before passing any fresh order qua reduction of pay scale in accordance with law. The respondent No.2 is directed to complete the said exercise within a period of 8 weeks from the date of receipt of this order. Rule is made absolute. D.S. Permitted.
Sd/-
[A.
J. DESAI, J.] Savariya Top