HONNAYYA H Vs. STATE OF MYSORE
HIGH COURT OF KARNATAKA
STATE OF MYSORE
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Narayana Pal, J. -
(1.)The petitioner impugns an order reducing his pension by 33 1/2 per cent passed by the State Government, a copy whereof has been produced as Ex. B. The order is passed in exercise of the powers of the Government under rule 212 of the Mysore Civil Services Rules, which reads :
"Government may make such reduction as it may think fit in the amount of the pension of the Government servant whose service has not been thoroughly satisfactory."
(2.)It is common ground that no notice was given to the petitioner nor was he provided with any opportunity otherwise to show cause against the order being passed.
(3.)Apart from the merits of the opinion on which we need not say anything, the only legal defence sought to be made out on behalf of the State is that the order being an administrative order, the petitioner was not entitled to previous notice or to an opportunity to show cause against the same.
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