Judgment 1. Heard learned counsel for the parlies. 2. Being aggrieved by a communique dated 19.2.2002 contained in Annexure-5 the petitioner has come to this Court making a complaint that the freedom fighters pension allowed in his favour has been illegally, arbitrarily and without any notice to the petitioner has been cancelled/suspended and the orders for recovery have been made without hearing him, therefore, the order dated 19.2.2002 be quashed and the respondents-authorities be directed to restore and revive the order granting pension in favour of the petitioner. 3. The respondents in their return have come out with a plain and simple case submitting that in accordance with certain observations made by the High Court of Patna, certain enquiries were made by the State of Bihar and thereafter the State of Bihar made a further recommendation on 5.1.2002 to the Govt. of India clearly mentioning that as many as 27 persons, as detailed in Annexure-1, were never recommended for pension by the State Advisory Committee, therefore and as the letters were bad or forged, the order granting pension in favour of these 27 persons be recalled, the Govt. of India firstly took a provisional decision, secondly ordered for issuance of a show cause notice to each and every person and thereafter passed a final order that those persons were not entitled to the freedom fighters pension. The Govt. of India says that the provisional order as contained in Annexure-R/1 was in fact a notice to show cause and a copy of the same was sent to and was served upon the petitioner. According to the learned counsel for the Govt. of India, the petitioner has suppressed the material facts and has not submitted before the court the facts in their true perspective. 4. From Annexure-R/1, a letter dated 18.1.2002 it appears that the Govt. of India provisionally decided that the pension sanctioned to these 27 persons, details of whom were given in Annexure-1 to the said letter, be cancelled from the date of sanction and the recovery should be effected of the payment already made to them as pension, and therefore, in paragraph 4 of the said letter observed that notice to show cause be issued to all such persons who be required to submit their show cause within 21 days and after receiving the show cause or in case the show cause is not received, the Govt. of India shall pass final orders. 5. A strong reliance is placed on page 2 of Annexure-R/1 where name of the present petitioner Tripti Narayan Singh has been mentioned. It is contended that a copy of the show cause notice was sent to and served upon the petitioner and as he did not file any representation or show cause, the Govt. of India was justified in passing the resultant order (Annexure-R/ 2)and issuing the directions as contained in Annexure-5. On being asked learned counsel for the Union of India was unable to produce the copy of the service report showing that a show cause notice was served upon the present petitioner. In absence of a document showing service of the show cause notice upon the present petitioner, it would not be proper and fair to presume that the notice to show cause was served upon the petitioner and he did not file his representation. 6. True it is that this Court had made certain observations in earlier writ petition and the State of Bihar had made recommendations to the Govt. of India that earlier orders passed in favour of these 27 persons be withdrawn but the principles of natural justice require that before an order adverse to the interest of a person is passed or an order already issued in favour of a person is withdrawn, he must be given a notice to show cause and must be heard. In the present case in absence of the service report it would not be possible to hold that a proper show cause notice was issued to the present petitioner. The order (Annexure-R/2) which is couched in general terms so far as it affects the rights of the present petitioner are concerned is quashed. The effect and operation of Annexure-5 relating to the present petitioner is also quashed. The petitioner is hereby directed to appear before the Under Secretary to the Govt. of India, Ministry of Home Affairs, Lok Nayak Bhawan, Khan Market, New Delhi on 9th December, 2002 with his representation/show cause against Annexure-R/1. Either on the same day or within the period so extended by the said authority, the petitioner shall submit his representation/show cause. The competent officer after hearing the petitioner shall decide the matter finally by a speaking order. Either on the same day or within the period so extended by the said authority, the petitioner shall submit his representation/show cause. The competent officer after hearing the petitioner shall decide the matter finally by a speaking order. The effect and operation of the recovery order has already been quashed, therefore, until final disposal of the representation no recovery shall be made from the petitioner but till disposal of the representation, he shall not be entitled to monthly pension. 7. The petition to the extent indicated above is allowed. 8. It is made clear that if the petitioner does not appear on the date referred to above or does not file his representation/ show cause as observed above then the authority shall be free to pass further final order.