The Allahabad High Court has quashed the recovery order of excess salary or payment, saying that passing an order without giving an opportunity of hearing to the petitioner is contrary to natural justice.
A Single Bench of Justice Yashwant Verma passed this order on July 22, while hearing a petition filed by Saroj Ram, a Head Jail Warder posted at District Maharajganj. Mr Ram was aggrieved by the December 12, 2020 order, pursuant to which, recovery has been ordered by the respondent on the ground that ACP benefits had been wrongly extended to him.
The Writ Petition contended that the order was passed, without giving an opportunity of hearing to the petitioner.
The Court also took note of the fact that the order did not refer to any opportunity having been afforded to the petitioner to show cause against the proposed action. The department can take action as per rules.
Also Read: Jammu and Kashmir High Court directs Univ of Kashmir to award gold medal to topper
It was also admitted that the order would clearly have serious civil consequences and therefore, could not have been passed without adhering to the principles of natural justice.
Standing Counsel Piyush Shukla submitted that the ends of justice would warrant the order being set aside with the respondents being granted the opportunity to take further proceedings after putting the petitioner to notice.
“The orders dated June 15, 2020 and December 12, 2020 in so far as they relate to the petitioner, are quashed. It is, however, left open to the respondents to proceed in the matter afresh, in accordance with law and bearing in mind the requirement of the principles of natural justice. All contentions of respective parties on merits are kept open,” said the Court and permitted the Writ Petition.