ADIVASI TALUKA VIKAS MANDAL Vs. DISTRICT EDUCATION OFFCIER

JUDGEMENT

(1.) Rule. The learned AGP waives service of rule.

(2.) By the impugned order dated 6.2.1996, the District Education Officer, Panchmahals has directed recovery of Rs. 1,01,040/- from the petitioner, being the amount which according to the authority was wrongly paid to the employees mentioned therein, who ought to have been relieved because of reduction in classes of Standards IX and X.

(3.) The grievance of the petitioner is that before making the impugned order, the petitioner was not at all heard. Since the order adversely affects the petitioner, it was incumbent upon the District Education Officer to have heard the petitioner in the matter before ordering any recovery. It is not disputed that the petitioner was not heard before the making of the impugned order. The impugned order which is contrary to the principles of natural justice is therefore, required to be set aside. Rule is made absolute accordingly with no order as to costs.