S. P. Pugalendi v. The Superintendent of Police Trichy District
2011-12-07
D.HARIPARANTHAMAN
body2011
DigiLaw.ai
Judgment :- 1. The petitioner was working as Inspector of Police in Puthunatham Police Station, Manaparai Sub Division, Trichy Rural District from 5.2.2001 to 7.9.2001. While so, the impugned order dated 13.10.2001 was passed for recovery of Rs.10,000/- from the salary of the petitioner in 13 instalments on the ground that he was responsible for excess phone calls made in the police station. He filed O.A.No. 7673 of 2001 to quash the said order of the respondent dated 13.10.2001. While admitting the original application, the Tribunal granted interim stay for recovery on 4.12.2001. But no reply affidavit is filed. On abolition of the Tribunal, the Original Application got transferred to this court and renumbered as W.P.No. 3604 of 2007. 2. Heard both sides. 3. The impugned order is admittedly passed without hearing the petitioner, which is in blatant violation of the principles of natural justice. It is well settled that no adverse order resulting in civil consequences could be passed against a person without hearing the person concerned. In the said circumstances, the impugned order is liable to be quashed. Accordingly, the same is quashed. The matter is remanded back to the respondent to decide the matter afresh after hearing the petitioner. 4. The writ petition is allowed in the above terms. No costs.