Ramphal Singh Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:186637

Court No. - 37

Case :- WRIT - A No. - 1143 of 2019 Petitioner :- Ramphal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Chandra Tiwari,Sushil Jaiswal Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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This petition has been filed challenging the order dated 15.10.2018, copy of which is Annexure 3 to the writ petition as well as order dated 7.6.2017, copy of which is Annexure -2 to the writ petition, whereby it has been indicated that wrong fixation of pay had been made while granting the benefit after 16 years of service to the petitioner.

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It has been argued that perusal of both the orders impugned indicate that prior to passing of the said order reducing the salary of the petitioner, no opportunity of hearing has been accorded to the petitioner.

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Learned Standing Counsel also does not dispute the said fact.

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It is settled position of law that opportunity of hearing to an employee is must in those matters in which an order to the detriment of an employee is to be passed so that the employee concerned can put forward the grounds on which he may prevail upon the authorities that the order to his detriment may not be passed. However, in the instant case, while passing the orders impugned reducing the salary of the petitioner, no opportunity of hearing has been accorded to the petitioner.

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In view of the above, this petition deserves to be allowed and is allowed .

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The orders impugned dated 7.6.2017 and 15.10.2018 (Annexures-2 and 3 to the writ petition) are hereby set aside. Consequences to follow.

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However, it is left open for the respondents to pass a fresh order after affording due opportunity of hearing to the petitioner.

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Order Date :- 26.9.2023 LN Tripathi

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Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad

Ramphal Singh v. State of U.P. and 3 Others

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Ramphal Singh v. State of U.P. and 3 Others

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