JUDGEMENT
-
(1.) IT transpires that vide Annexure Nos.1 & 2 dated 4th of September, 2013 and 19th of September, 2013, the petitioners were put in lower pay -grade without giving any opportunity of hearing to the petitioners. Recovery has been directed to be effected from the petitioners for the period the petitioners were given higher grade -pay. Aggrieved by the said action of the respondents, the present writ petition has been filed. In para 2 of the petition, it has been pleaded that impugned action has been taken by the respondents without giving any opportunity of hearing, or show cause to the petitioners.
(2.) IN counter affidavit, in response to para 2 of the writ petition, it has not been shown that show cause notice was given to the petitioners, or opportunity of hearing was given to the petitioners. An explanation has been given for taking impugned action against the petitioners.
(3.) LEARNED counsel appearing for the respondents has not been able to dispute that opportunity of hearing was not given to the petitioner, before taking impugned action against the petitioners.
Perusal of the above -noted facts indicates that certain financial benefits were vested in the petitioner by the respondents. By virtue of impugned action, the said benefits have been dis -continued and amount is sought to be recovered. The impugned action has been taken by the respondents without giving any opportunity of hearing to the petitioner i.e. without following the principle of natural justice.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.