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2025 DAILYLAW 64900 (PNJ)

ASHOK KUMAR KHICHI v. STATE OF HARYANA AND OTHER

CWP/15955/2025 · 2025-05-28

Tribhuvan Dahiya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CWP-15955-20 IN THE HIGH COURT OF PUNJAB AND HARYANA 142 ASHOK KUMAR KHICHI STATE OF HARYANA AND CORAM: HON'BLE MR Present: Mr. Mr. Harish Nain, Assistant Advocate General, Haryana. TRIBHUVAN DAHIYA The petition has been filed the show cause notice respondent/Block Education Officer refixed and his salary has been reduced 2. Learned counsel for the petitioner contends that the petitioner working as Elementary School Head Teacher drawing salary of 13.05.2025, was issued to him asking to explain why his refixed in terms of salary had already been reduced and refixed 13.05.2025, passed by the fo was enclosed with Principles of Natural Justice, and the very purpose notice stands defeated 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Decided On: ASHOK KUMAR KHICHI Versus STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Ram Darshan Yadav, Advocate Mr. Harish Nain, Assistant Advocate General, Haryana. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed seeking a writ of the show cause notice and order, dated 13.05.2025 respondent/Block Education Officer, whereby the petitioner’s pay has been refixed and his salary has been reduced to ₹74300 Learned counsel for the petitioner contends that the petitioner Elementary School Head Teacher drawing salary of ₹93000. The impugned show cause notice dated , was issued to him asking to explain why his in terms of the Government instructions salary had already been reduced and refixed, vide impugned office order dated , passed by the fourth respondent. And with the show cause notice itself. Principles of Natural Justice, and the very purpose notice stands defeated once the petitioner’s pay has already been refixed. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15955-2025 Decided On: 28.05.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA , Advocate for the petitioner. Mr. Harish Nain, Assistant Advocate General, Haryana. seeking a writ of certiorari quashing dated 13.05.2025, passed by the fourth whereby the petitioner’s pay has been 74300 from ₹93000. Learned counsel for the petitioner contends that the petitioner is Elementary School Head Teacher in the Department, and is . The impugned show cause notice dated , was issued to him asking to explain why his salary should not be Government instructions, dated 12.03.2020. In fact, his vide impugned office order dated And the letter of refixing his pay show cause notice itself. This is blatant violation of the Principles of Natural Justice, and the very purpose of issuing show cause once the petitioner’s pay has already been refixed. quashing rth whereby the petitioner’s pay has been is , and is . The impugned show cause notice dated salary should not be In fact, his vide impugned office order dated of refixing his pay of the show cause Aman Dua 2025.05.30 15:29 I attest to the accuracy and authenticity of this judicial document CWP-15955-20 3. Learned State counsel, appearing on advance notice, is not in a position to dispute 4. In view thereof, the impugned refixation of pay vide order 13.05.2025, as also the The respondents/Department will be at notice, and pass appropriate order in accordance with law the petitioner’s response 28.05.2025 Ad 2025 -2- Learned State counsel, appearing on advance notice, is not in a to dispute the facts aforementioned. In view thereof, the impugned refixation of pay vide order , as also the show cause notice, dated The respondents/Department will be at liberty notice, and pass appropriate order in accordance with law the petitioner’s response. (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? Learned State counsel, appearing on advance notice, is not in a In view thereof, the impugned refixation of pay vide order dated dated 13.05.2025, are set aside. liberty to issue a fresh show cause notice, and pass appropriate order in accordance with law after considering TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No Learned State counsel, appearing on advance notice, is not in a dated . to issue a fresh show cause ing Aman Dua 2025.05.30 15:29 I attest to the accuracy and authenticity of this judicial document