Breaking News Passing order without hearing the petitioner contrary to natural...

Passing order without hearing the petitioner contrary to natural justice: Allahabad HC

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Allahabad Jul 26 (ILNS): 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 him an opportunity of hearing.

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.

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 only be met, when this order is set by the respondents. The can take forward the case after giving a notice to the petitioner.

The Court quashed the June 15, 2020, and December 12, 2020 orders and said, “It is left open to the respondents to proceed in the matter afresh, in accordance with the 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./ILNS/SNG

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