JODHSING NANJIBHAI KAMOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India, has been preferred with the following prayers:

(2.) BRIEFLY stated, the facts of the case are that the petitioner was appointed as Constable on 31.07.1978. Thereafter, he was promoted as Head Constable in the year 1982. He was granted further promotion to the post of Assistant Sub Inspector on 04.11.1992. Lastly, he was promoted as Police Sub Inspector on 03.04.2009. The petitioner retired on superannuation on 31.05.2010 on the post of Assistant Sub Inspector. By the order dated 09.11.2001, the petitioner was granted the first higher grade scale of the post of Police Sub Inspector. Subsequently, it was modified by the order dated 19.02.2002, and the petitioner was granted the higher grade scale with effect from 22.11.2001. By the impugned order dated 09.02.2010, respondent No.2, District Superintendent of Police, Surendranagar, cancelled the aforesaid order dated 19.02.2002 granting higher payscale and directed recovery to be made on the ground that the same was granted erroneously since the petitioner had not passed the departmental examination. After the petitioner retired on 31.05.2010, a sum of Rs.1,60,838/ was recovered from the gratuity of the petitioner. Aggrieved thereby, the petitioner is before this Court.

(3.) MR .A.S.Supehia, learned advocate for the petitioner, has submitted that the impugned order dated 09.02.2010 is bad in law as it has been passed in violation of the principles of natural justice. No notice of opportunity of hearing was given to the petitioner before the passing of the said order. The petitioner has suffered civil consequences, hence, as per the settled position of law, he was required to be granted an opportunity of hearing before the said order was passed.