LAWS(P&H)-2002-7-124

SANTOKH SINGH Vs. STATE OF HARYANA AND OTHERS

Decided On July 08, 2002
SANTOKH SINGH Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) Santokh Singh petitioner has filed the present writ petition challenging the orders Annexures P/13, P/15 and P/18 on various grounds. However, at the time of arguments of the case, learned counsel for the petitioner has confined his challenge to the order at Annexure P/13 alone on the also ground that in fact while passing the aforesaid order, the pay of the petitioner was fixed and was reduced. While ordering reductions of the pay and consequent recovery because of the aforesaid reduction, no opportunity of hearing was afforded to him. In this regard the petitioner has placed reliance on a Division Bench Judgment of this Court in Des Raj v. State of Haryana (CWP 14738 of 2000) decided on November 1, 2000. I have gone through the aforesaid Division Bench in the said judgment.

(2.) In fact, the specific stand taken by the respondents in the written statement is that since the refixation of the pay was made vide order Annexure P/13 on the directions of the Haryana Government, and because no request was made by the petitioner in this regard, therefore no opportunity of hearing was given to the petitioner. This stand taken by the respondents is not legally permissible and is violative of the principles of natural justice.

(3.) In view of the above, the petition is partly allowed and this order Annexure P/13 dated 21.8.2000 is quashed. The respondents shall be at liberty to pass fresh order in this regard after affording reasonable opportunity of hearing to the petitioner. No costs.