IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 3952 of 2024 Decided on: 7th March, 2025 _________________________________________________________________ Gian Chand ....Petitioner Versus HRTC & anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Rohit Chauhan, Advocate. For the respondents: Mr.Raman Jamalta, Advocate. Jyotsna Rewal Dua, Judge The instant petition has been filed for grant of the following substantive relief:- “i) That Writ in the nature of Certiorari may very kindly be issued in favor of the Petitioner and against the Respondents, and the letter dated 15-01-2024 Annexure P-5 may very kindly be quashed and set aside. (ii) That writ in the nature of mandamus may very kindly be issued in favor of the Petitioner and against the Respondents, and the Respondents may very kindly be directed not to withdraw or recover the benefit of 32 years and Assured Progression Scheme (OLD) given to the petitioner.” 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - 2. With the consent of learned counsel for the parties, matter is taken up for disposal today. It is not in dispute that the office order withdrawing the benefit of ACP from the petitioner, as impugned in the instant petition has been issued without taking into consideration the show cause notice issued to the petitioner, which has visited the petitioner with civil consequences. 3. Obviously, such course of action is not open to the respondents as the principle of natural justice had to be followed by them in case they wanted to withdraw the financial benefits granted to the petitioner. 4. In the given facts and circumstances, Annexure P-5, cannot withstand judicial scrutiny. The same is quashed and set aside. 5. Consequently, the petition is allowed in the aforesaid terms. However, it is made clear that in case, the respondents still want to proceed against the petitioner for withdrawing Office Order No. 9675, dated 15.01.2024, then they shall issue show cause notice to this effect giving adequate time to the petitioner to file reply to the course of - 3 - action sought to be drawn by the petitioner. Thereafter, opportunity of being heard shall also be afforded to the petitioner before passing any final order. However, it goes without saying that final order so passed shall be a reasoned one. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge March 7, 2025 R.Atal