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2012 DIGILAW 1640 (MAD)

R. Nagarajan v. Joint Commissioner, HR & CE Department, Dr. Balasundaram Road

2012-03-30

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court with the prayer for issuance of a writ in the nature of Certiorari, to quash the impugned order dated 30.11.2011 of the Commissioner, HR & CE Department, second respondent passed vide Se.Mu.Na.Ka.No.64220/ 2009/T2. 2. In pursuant to the order dated 27.06.2011 passed by this Court, the second respondent recalled the orders dated 29.12.1986 and 25.8.2004. Consequently, revised pay of the petitioner approved by the Commissioner was cancelled. 3. It is not disputed that the impugned order has been passed in pursuance to the direction issued by this Court to hold enquiry into the allegations levelled against the petitioner which were said to be serious. 4. One of the ground of challenge to the impugned order is, that before passing the impugned order recalling the earlier orders which attained finality, no notice was issued to the petitioner. The impugned order therefore, having been passed in violation of principle of natural justice, cannot be sustained in law. 5. It is not disputed that the petitioner was not heard and no notice of enquiry was issued to the petitioner. It is thus admitted that the impugned order was passed in violation of principle of natural justice, cannot be sustained in law. 6. Consequently, this writ petition is allowed. The impugned order is set aside. The case is remitted back to the respondent No.2, to decide the matter afresh, after giving opportunity of hearing to all the affected parties. Connected miscellaneous petition is closed. No cost.