Court No. - 58
Case :- WRIT - A No. - 19958 of 2018 Petitioner :- Ravindra Shankar Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 13.8.2018, passed by the District Social Welfare Officer, Kanpur Nagar, which records that petitioner's salary was incorrectly fixed in the year 2011, and therefore, a sum of Rs.9,81,351/- is liable to be recovered from him. The order further records that a sum of Rs.15,000/- per month would be deducted from petitioner's salary.
The order is challenged on the ground that petitioner's salary was correctly fixed and that unilateral determination made by the authorities, without affording any opportunity of hearing to the petitioner, is wholly arbitrary, apart from being in violation of principles of natural justice.
Learned Standing Counsel although has attempted to justify the order impugned, but it is not disputed that neither the petitioner has been put to any notice nor any opportunity has been afforded to him.
In the facts and circumstances, the impugned action of the respondents is found to be in violation of principles of natural justice, and therefore, the order cannot be sustained.
Writ petition, accordingly, succeeds and is allowed. The order dated 13.8.2018 stands quashed. It shall, however, be open for the respondents to proceed in the matter, afresh, in accordance with law.
Order Date :- 18.9.2018 Ashok Kr.