RANDHIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is plaintiff's second appeal directed against judgment and decree dated 29.9.1997 whereby suit of the plaintiff for permanent injunction has been dismissed.

(2.) Plaintiff filed suit for permanent injunction restraining the defendants from recovering Rs. 9609/- from the pay of the plaintiff. Plaintiff alleged that recovery of amount from his pay is illegal and not binding on the rights of the plaintiff as the amount is being recovered without affording an opportunity of hearing to the plaintiff. Both the Courts below have dismissed the suit on the ground that recovery is being made on the basis of checking made by the staff. Hence, the present second appeal by the plaintiff.

(3.) It is the conceded case of the parties that before recovery was sought to be effected from the pay of the plaintiff, neither any show-cause notice was served upon the plaintiff nor any opportunity of hearing was given to him. It is now settled principle of law that before an order entailing civil consequences is passed, the Authority is bound to abide by the principles of natural justice. Application of principles of natural justice is not a question of observance of formula or a mere technicality. In essence, it is meant to assure that a party concerned has an opportunity of being heard on the principle of Audi Alteram Partem. In the present case, neither plaintiff was asked to explain as to why recovery be not effected from his pay nor was he given any opportunity of hearing before the order came to be passed. Consequently, the judgment and decree of the Courts below is not sustainable in law and, therefore, is set aside. In consequence thereof, order dated 1.8.1989 whereby a sum of Rs. 9609/- was sought to be recovered from the pay of plaintiff is quashed. It is, however, left open to the defendants to pass a fresh order in accordance with law. No costs.