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2013 DIGILAW 828 (MAD)

V. Kothandapani v. District Collector, Villupuram

2013-02-08

VINOD K.SHARMA

body2013
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of writ in the nature of Certiorari, to quash the order Na.Ka.A6/6673/2006 dated 19.06.2007, calling the petitioner to deposit misappropriated sum of Rs.2,52,900/-(Rupees Two Lakhs Fifty Two Thousand and Nine Hundred only) within 15 days of the receipt of order. 2. The impugned order is based on the allegation, that the petitioner was guilty of misappropriation of fund, therefore is liable to pay back to the Government. 3. The only ground of challenge to the impugned order is that before passing impugned order, no show cause notice was issued to the petitioner, nor any finding recorded, holding the petitioner to be guilty of misappropriation of fund. 4. The impugned order prima facie is in violation of rules, governing the service condition, which requires that even for imposing minor punishment of recovery, respondents were bound to follow principles of natural justice and issue show cause notice to the petitioner, so that the petitioner could raise his defense. It is only after considering the reply by the petitioner, that any order could be passed. 5. On consideration, I find that the impugned order cannot be sustained, as it has been passed in violation of principles of natural justice, as no opportunity of hearing was given to the petitioner for defense to the allegations. This writ petition is accordingly allowed. The writ in the nature of Certiorari is issued, quashing the impugned order with liberty to the respondents to proceed against the petitioner in accordance with law, if so advised, to prove the charge of misappropriation, and thereafter pass appropriate order in accordance with law. 6. No costs. Connected miscellaneous petition is closed.