SHYAM SUNDER SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned senior Counsel appearing for the petitioner submitted that out of several grievances, ventilated in the memo of petition, most of the grievances have been brought to an end except the reduction of the salary made by the Superintendent of Police, Police Training Centre, Padma, Hazaribagh vide order at Annexure-3 dated 5th April, 2008, whereby, the pay scale of the present petitioner has been reduced from Rs. 1,720/- to Rs. 1,560/- from 18th August, 1994, from Rs. 1,760/- to Rs. 1,590/- from 18th August, 1995, from Rs. 1,800/- to Rs. 1620/- from 18th August, 1996, from Rs. 5,400/- to Rs. 4,900/- from 1st January, 1996, from Rs. 5,500 to Rs. 5,000/- from 18th August, 1996, from Rs. 5,600/- to Rs. 5,100/- from 18th August, 1997, from Rs. 5,700/- to Rs. 5,200/- from 18th August, 1998, from Rs. 5,800 to Rs. Rs. 5,300/- from 18th August, 1999 and from Rs. 5,900 to Rs. 5,400/- from 18th August, 2000. Thus, from the aforesaid Annexure-3, it is clear that the pay scale of the present petitioner has been reduced without giving any opportunity of being heard and without giving any notice and had an opportunity of being heard been given to the petitioner, it would have been pointed out to the Superintendent of Police, Police Training Centre, Padma, Hazaribagh that the pay scale, which was given to the present petitioner, was absolutely correct from 18th August, 1994 onwards and unilateral decision has been taken by the Superintendent of Police, Police Training Centre, Padma, Hazaribagh and, therefore, let the decision at Annexure-3 dated 5th April, 2008 so far as reduction of the pay scale of present petitioner is concerned, be quashed and the matter may be remanded to the Superintendent of Police, Padma, Hazaribagh to take decision afresh after giving an adequate opportunity of being heard to the petitioner and if at all the other side wants to take decision, they may do so, in accordance with law.

(2.) Learned Counsel appearing for the respondents submitted that most of the grievances ventilated in the petition have been brought to an end and the benefit of Assured Career Progression etc. have already been given to the present petitioner. So far as reduction of pay scale is concerned as per Annexure-3, wrongly given pay scale is bound to be reduced by the Government and if the direction is given by this Court, it will be decided afresh after giving an adequate opportunity of being heard to the petitioner or to his representative, in accordance with law, rules, regulations, policy and enforceable Government order.

(3.) In view of the aforesaid submissions, it appears that: most of the grievances ventilated in the petition have been brought to an end and now the only grievance left out to be settled is reduction of pay scale with effect from 18th August, 1994 onwards. The order has been passed by the Superintendent of Police, Police Training Centre, Padma, Hazaribagh dated 5th April, 2008 at Annexure-3 to the memo of petition, whereby, a sizeable amount of the pay has been reduced, without giving any notice and without giving any opportunity of being heard to the petitioner, as per Annexure-3 to the memo of petition, which is in gross violation of principles of natural justice, I, therefore, quash and set aside the order passed by the Superintendent of Police, Police Training Centre, Padma, Hazaribagh at Annexure-3 dated 5th April, 2008 so far as reduction of pay scale of the present petitioner with effect from 18th August, 1994 onwards is concerned. I hereby direct the Secretary, Home Department, Government of Jharkhand, Ranchi to decide afresh the grievance of the petitioner so far as reduction of the pay scale is concerned, after giving an adequate opportunity of being heard to the petitioner or to his representative, in accordance with law, rules, regulations, policy and enforceable Government order applicable to the present petitioner. I also hereby direct respondent No. 4 that if they are relying upon any office order, a copy thereof will be supplied to the present petitioner through Secretary, Home Department, Government of Jharkhand, Ranchi. A notice will be given prior to the reduction of the pay scale of the present petitioner, wherein, copies of all the documents, upon which the Government is relying upon, will be given to the present petitioner.