The High Court quashed an order withholding sum of 235,000 from petitioner's pension due to violation of natural justice, as no regular inquiry was held before an Assistant Secretary on permanent basis.
Quashed Annexure P-16; directed release of 2,35,000/- with interest at 6% per annum.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP(T) No. 9296 of 2008 Decided on: 18.12.2010
Chintu Devi
…Petitioner
Versus
H.P. Board of School Education and another
…Respondents
Coram:
The Hon’ble Mr. Justice Rajiv Sharma, Judge.
Whether approved for reporting?1 . No
For the petitioner : Mr. Jivesh Sharma, Advocate vice counsel. For the respondents : Mr. K. B. Khajuria, Advocate.
Rajiv Sharma, Judge (Oral) :
Petitioner is aggrieved by issuance of Annexure P-16, dated 4.7.2006, whereby a sum of 2,35,000/- has been withheld from the retiral/pensionary benefits of the petitioner. Admittedly, the petitioner has not been heard before the decision was taken by the respondent-Board to withhold a sum of 2,35,000/. He has suffered civil and evil consequences. Since, the petitioner had been working as Assistant Secretary on permanent basis, a regular inquiry ought to have been held before the decision was taken to withhold a sum of 2,35,000/. There is violation of principles of natural justice. 2. Accordingly, the writ petition is allowed and Annexure P-16, dated 4.7.2006 is quashed and set aside. The respondent-Board is directed to release a sum of 2,35,000/-. to the petitioner with interest @ 6% per annum. However, the liberty is reserved to the
1 Whether the reporters of the local papers may be allowed to see the judgment? No
-2-
respondent-Board to proceed with the matter in accordance with law,
if it so chooses. No costs.
Copy dasti on usual terms.
(Rajiv Sharma) Judge December 18, 2010
(K. Attri)
2 issues framed by the court
Whether the withholding of sum from retiral benefits without prior hearing violates principles of natural justice.
Whether the impugned order directing deduction from pension should be quashed.
Chintu Devi
H.P. Board of School Education
another
Rajiv Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
