AI Structured Summary
Not yet generated for this judgment
Judgment
Honourable Mr. Justice Vinod K. Sharma
The Petitioner claims to be aggrieved by the order, dated 23.06.2000, which is merely a letter, addressed by the Accounts Officer to the Joint Director of Health Services, for taking action, for recovery of amount, drawn in excess, by the petitioner.
The copy of the letter has also been forwarded to the Petitioner.
It is not disputed that the Accounts Officer has no jurisdiction to order the recovery. It is for this reason that the request has been made to the Joint Director of Health Service.
The request itself is prima facie not sustainable, as it could not be made to an individual, in letter form. It was required to be addressed to the competent authority, having jurisdiction, under law to order recovery from the Petitioner.
It is only the competent authority, who can take steps to pass orders, after giving opportunity of hearing to the Petitioner. Merely because, the request has been forwarded to the Petitioner to deposit the amount, it does not get any legal force, which can entitle, the Petitioner to invoke the extraordinary writ jurisdiction of this Court.
The Petitioner also challenged the order, dated 28th May 2001, passed by the Joint Director, calling upon the Petitioner to deposit a sum of Rs. 31,534/- [Rupees Thirty One thousand five hundred and thirty four only], as requested by the Accounts Officer. The impugned order of the Joint Director, cannot be sustained, as no order, effecting the civil right can be passed, without giving an opportunity of hearing.
The writ petition is allowed as prayed and the impugned order passed by the Joint Director is set aside. The Respondents shall be at liberty to pass appropriate orders, in accordance with law, after following the principles of natural justice, if so advised. No costs.