Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36211 Court No. - 5 Case :- WRIT - A No. - 19515 of 2024 Petitioner :- Ramji Sharma Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sadhu Sharan Counsel for Respondent :- C.S.C.,Pranav Mishra,Sanjay Kumar Om Hon'ble Ajay Bhanot,J. By the impugned order the excess salary paid to the petitioner is sought to be recovered. According to the petitioner the salary had been correctly fixed and he was not given any opportunity prior to the impugned order. The impugned order visits the petitioner with penal consequences. Shri Pranav Mishra, learned counsel for the respondent does not dispute the fact that no opportunity of hearing was given to the petitioner prior to impugned order. Admittedly the impugned order visits the petitioner with penal consequences. Shri Sadhu Sharan, learned counsel for the petitioner and Sri Pranav Mishra, learned counsel for the respondent agrees that a post decisional hearing would subserve the ends of justice. It is well settled that the principles of natural justice are not cast in any strait jacket formula. The requirements of natural justice are adapted to the facts of the case to
subserve the ends of justice. In the evolution of the law of natural justice, the concept of post decisional hearing in appropriate cases (See: Dharampal Satyapal Limited Vs. Deputy Commissioner of Central Excise, Gauhati and others, reported at (2015) 8 SCC 519). In view of the facts of the case and position of law laid down by the Hon'ble Supreme Court, a post decisional hearing would subserve the interest of justice. Matter is remitted to the respondent no. 4 with the following directions: I. The respondent no. 4 shall issue a show cause notice to the petitioner regarding incorrect fixation of salary. II. The petitioner shall tender a reply to the same. III. The respondent no. 4 shall decide the controversy by a speaking order within a period of one month. IV. The petitioner shall be paid his salary as determined in the impugned order. However, no recovery of excess salary shall be made till the final decision is taken. V. The impugned order shall abide by the final order passed in pursuance to the above directions. VI. The petitioner shall cooperate in the proceedings. With the above directions the writ petition is disposed of finally.
Order Date :- 12.3.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad