NARESHBHAI CHAGANBHAI SOLANKI Vs. SECRETARY

JUDGEMENT

(1.) This matter was notified yesterday 16.6.2003 and since it was partially heard, has been taken up for hearing.

(2.) Heard learned advocate Mr. Brahmbhatt for the petitioner and Mr. Bhate, learned AGP for the respondents. Rule, service of which is waived by the learned AGP Mr. Bhate for the respondents. In the facts and circumstances of the case and with the consent of the learned advocates for the parties, the matter is taken up for final hearing today.

(3.) As per the facts of the present case, benefits of higher grade has been granted in favour of the petitioner by the respondents by order dated 11th November, 1997 which is at page 12 of the petition and accordingly, the petitioner was receiving benefits flowing from the said order dated 11th November, 1997. It is the grievance of the petitioner that the respondents have, by order dated 9th August, 2002, cancelled the order dated 11th November, 1997 without giving any opportunity of being heard to the petitioner. Learned advocate for the petitioner Mr. Brahmbhatt has submitted that the respondents have cancelled the order dated 11th November, 1997 without hearing the petitioner and without affording any opportunity to the petitioner in that regard and, therefore, same is contrary to the principles of natural justice and, therefore, on that ground alone, the order dated 9th August, 2002 cancelling the order dated 11th November, 1997 is required to be quashed and set aside. As against that, it was the submission of the learned AGP Mr. Bhate that it was the mistake on the part of the respondent authorities and the same was rectified and corrected by passing the order dated 9th August, 2002 and as such, it was not necessary for the respondents to hear the petitioner before passing the order dated 9th August, 2002 for cancelling the earlier order dated 11th November, 1997 as per the principles of natural justice. Mr. Brahmbhatt appearing for the petitioner has submitted that in such a situation, it is necessary to hear the person who is likely to be adversely affected. He submitted that the order dated 9th August, 2002 is having civil consequences and for that, hearing and compliance of the principles of natural justice is necessary. He submitted that therefore, the order dated 9th August, 2002 is required to be quashed and set aside on that ground alone, without observing anything on the merits of the matter.