KISHOR CHIMANLAL GAUD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal is admitted. Learned AGP Mr. N.J. Shah waives service of notice of admission of appeal for the respondents. Since narrow question of law is involved, the matter is taken up for final hearing on the request of the parties.

(2.) The appellant approached this Court with Special Civil Application No. 8627 of 2009 to challenge the order dated 24.4.2008 passed by the District Development Officer, Ahmedabad. The appellant-petitioner was granted higher grade pay scale earlier but as it resulted into financial loss, he requested for withdrawal of the same by cancelling the option exercised by the appellant-petitioner. The same was objected to by L.F. Audit on the ground that withdrawal of option was permissible only to those employees who had secured 'C' grade. The appellant-petitioner did not fall in that category and, therefore, the said order was passed cancelling the withdrawal of option and fixing the pay scale de novo as per rules. On fixation of pay-scale, there is no dispute. The order also required a note to be made in the service book of the appellant and recovery of the excess amount paid to the appellant-petitioner.

(3.) The appellant-petitioner challenged the said order on the ground that no audience was given to him before passing the order and the learned Single Judge relying on the decision of the Apex Court in the case of M.C. Mehta v. Union of India, 1999 AIR(SC) 2583 dismissed the petition observing that the order is not required to be quashed and set aside in exercise of powers under Article 226 of the Constitution of India on the ground that the same is in breach of principles of natural justice. It is not always necessary for the Court to strike down the order merely because the order has been passed in breach of natural justice. No illegality in the order was indicated to the learned Single Judge.