KAPILDEO THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ petition has been filed against an order which is at Annexure - 4. By the said order dated 24.8.1996 passed after the retirement of the petitioner in the month of July, 1996, the first time bound and 2nd time bound promotion granted to the petitioner were cancelled on the ground that according to the Government circular contained in letter dated 13.2.1995 the promotion given after 1.8.1983 cannot be allowed to continue in view of the fact that the petitioner did not pass the departmental Accounts examination. The petitioner has retired and the petitioner has not received anything by way of retirement benefit in view of the said order. It goes without saying that as a result of the cancellation of the petitioner's promotion order, the petitioner's pay is sought to be reduced and the amount paid to the petitioner in view of the provisional promotional order was sought to be recovered.

(3.) IN view of the passing of the impugned order the petitioner has suffered civil consequences and it prejudices the petitioner financially. This Court does not want to make any pronouncement on the merits of the order but there is one thing which is known as procedural fairness in the government administration. Such fairness demands that before any order is passed to the prejudice of a person affecting the person financially, the person effected must be given an opportunity to record his say in the matter. This is requirement of the fundamental principles of natural justice which have been termed as fair play in action. In the instant case the said principles have been totally breached.