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Judgment
L. Narasimha Reddy, J
The applicant is working as Constable in Delhi Police. It is stated that his pay was fixed on 08.06.2009. However, recently, the respondents issued an order dated 04.02.2015, revising the pay structure of the applicant. It is stated that the revision has substantially affected his emoluments. The applicant contends that no notice was issued to him nor the basis for revision was indicated.
The respondents filed a counter affidavit stating that the revision became necessary, in view of the orders issued by the Ministry of Finance, Govt. of India, on 29.08.2008.
Today, we heard Mr. Yogesh Sharma, learned counsel for applicant and Ms. Sangita Rai, learned counsel for respondents.
It is not in dispute that the impugned order has resulted in reduction of the pay scale of the applicant. Any such step can be taken, only after issuing a show cause notice. Admittedly, the respondents did not issue any notice to the applicant. Whatever be the nature of instructions/clarifications received from the Ministry of Finance, the affected person is required to be put on notice.
On this short ground, we allow the O.A. and set aside the impugned order. It is left open to the respondents to issue a show cause notice to the applicant within 6 weeks from today and we grant 2 weeks' time to the applicant to submit his reply to the same. The orders on the basis of show cause notice and reply thereon, shall be passed within 4 weeks thereafter. Till such time, the present arrangement shall continue.
Pending MA shall also stand disposed of. There shall be no order as to costs.