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2009 DIGILAW 4133 (MAD)

M. Joseph Field Demonstration Officer, O/o. The Assistant Director of Horticulture v. The Assistant Director of Horticulture, O/o. The Assistant Director of Horticulture

2009-10-08

D.HARIPARANTHAMAN

body2009
Judgment :- The Original Application in O.A.No.1255 of 2002 before the Tamil Nadu Administrative Tribunal is the present writ petition. 2. Heard Mr.V.Ravikumar, learned counsel for the petitioner and Mr.P.Muthukumar, learned Government Advocate for the respondent. 3. The petitioner was granted Personal Pay pursuant to G.O.Ms.No.497, Finance (Pay Cell) Department, dated 15.09.1998. While so, the impugned order dated 07.03.2002 was passed by the respondent to recover the personal pay already paid. 4. The grievance of the petitioner is that before passing the impugned order, he was not heard. 5. It is well settled that no adverse order resulting in civil consequences could be passed, without hearing the concerned person, as held by the Honourable Apex Court in BHAGWAN SHUKLA V. UNION OF INDIA AND OTHERS reported in 1994(6) SCC 154 . 6. Hence, the impugned order is set aside and the matter is remanded back to the respondent to decide the matter afresh, after hearing the petitioner. The writ petition is ordered accordingly. No costs.