BRIJMOHAN v. COMMISSIONER AND REGISTRAR. CO-OPERATIVE SOCIETIES, MADHYA PRADESH VINDHYACHAL BHAVAN, BHOPAL
1994-09-24
A.R.TIWARI
body1994
DigiLaw.ai
A. R. TIWARI, J. ( 1 ) THE petitioners are the employees of Respondent No 3 on the salary fixed by Respondent No. 3 The Respondent No. 1 issued order No. 3995 dated 9th October, 1990 (Annexure P/9) directing all concerned to follow the instructions contained in the aforesaid order, on the strength of the aferesaid order, the Respondent No. 2 passed the order No. 2054 dated 26 10 1990 (Annexure P/10 and flxed the wages which are less than the emoluments paid to the petitioners Aggrieved by the reduction of emoluments without any opportunity of hearing, the petitioners have filed this petition seeking quashment of the aforesaid order and direction for not reducing the emoluments of the petitioners. ( 2 ) THE respondent No. 1 and 2 have filed the reply in oppugnatjon. ( 3 ) I have heard the counsel for the parties. ( 4 ) IT is admitted before me that the wages fixed for the petitioners on the basis of the aforesaid orders are less than the emoluments paid to them and that this reduction has been ordered without giving any opportunity of hearing to the petitioners. ( 5 ) THIS Court, therefore, had directed the stay of the operation of the aforesaid order. ( 6 ) IN State of Punjab v. K B E'ry and others, AIR 1973 SC 834 , it is held as under"with the proliferation of administrative decisions in the welfare state it is now further recognized by Courts both in England and in this country, that where a body or authority is characteristically administrative the principle of natural justice is also liable 10 be invoked if the decision of that body or authority offects individual rights or interests, and having regard to the particular situation it would be unfair for the body or authority not to have allowed a reasonable opportunity to be beard. " ( 7 ) AS the reduction has been ordered without hearing the petitioners. I find that the order Annexure P/10 to the extent of the petitioners only cannot be sustained in law. ( 8 ) IN the result I quash the aforesaid order Annexure P/10 as also consequential resolution to the extent of the petitioners alone and grant liberty to respondent No 2 to consider the matter afresh and pa's appropriate orders in this behalf after giving reasonable opportunity of hearing to the petitioners.
( 8 ) IN the result I quash the aforesaid order Annexure P/10 as also consequential resolution to the extent of the petitioners alone and grant liberty to respondent No 2 to consider the matter afresh and pa's appropriate orders in this behalf after giving reasonable opportunity of hearing to the petitioners. ( 9 ) THE order as regards other persons is left undisturbed. ( 10 ) WITH the aforesaid directions, this petition stands finally disposed of with no orders as to costs. The security amount shall be refunded to the petitioners after due verification. .