- (1.) Petitioner before this Court seeks quashing of the order dated 5.02.2011 passed by Director of Secondary Education and consequential orders dated 12.12.2011, 14.12.2011 as also a writ of mandamus directing the respondents to not recover the alleged excess salary of Rs. 3,74,534/-. Initially, the learned counsel for the petitioner made an attempt to challenge the order on merits. However, he has confined the challenge to the aforesaid orders only on the ground of violation of principles of natural justice. It is his case that the order dated 5.12.2011 and consequential orders mentioned above have been made without notice and opportunity of hearing to the petitioner. The orders visit the petitioner with evil civil consequences i.e. recovery of money and, therefore, the minimum required was that the petitioner should have been heard before any action adverse could be taken.
(2.) Learned Standing Counsel on behalf of respondents supports the order on merits. However, he submits that this Court may require the Secretary of Education Department to examine as to whether any excess salary had been paid to the petitioner or not, after affording opportunity to the petitioner.
(3.) I have heard counsel for the parties and examined the record of present petition.;