RAMLAGAN ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly for the reasons that in this case an auditor has taken objection that the petitioners are not entitled for B.Sc., trained scale. The benefit which was already extended to the petitioners in the year 1995 has been withdrawn after more than a period of one decade i.e. in the year 2006 Vide order at Annexure -7 and 8 Without giving any opportunity of being heard thus, there a violation of principles of natural justice.

(2.) THE counsel for the petitioners has also submitted that in fact there was no mistake in grant of B.Sc. trained scale to the petitioners as the petitioners were B.Sc. degree holders and they were entitled for B.Sc. trained scale. Nonetheless, had a notice been issued by the respondents, the petitioners would have pointed out the correct factual as well as legal position to the respondents and the present petition could have been avoided. Thus, the petition may be allowed only on this ground that there was a breach of principles of natural justice. It has also been submitted by the counsel for the petitioners that the auditor's report is not a conclusive piece of evidence nor can it bye -pass the bare minimum requirement for initiating action against the petitioners that is to follow the principles of natural Justice. The auditor's report is not a decree itself. There has to be a notice of opportunity of being heard. which has not been given to the petitioners, and therefore, the orders at Annexures - 7 and 8 to the memo of petition deserve to be set aside.

(3.) HAVING heard counsel for both the sides and looking into the facts and circumstances of the case, I, hereby, quash and set aside the recovery of the amount from the petitioners as per Annexures -7 and 8 to the memo of petition Which is dated 4.10.2008 mainly for the following facts and reasons, that: -