AI Structured Summary
Not yet generated for this judgment
Judgment
KULDEEP TIWARI, J. (Oral)
By instituting the instant writ petition under Article 226 of the Constitution of India, the petitioners question the legality of an order dated 10.06.2020 (Annexure P-7), and a letter dated 01.10.2020 (Annexure P-8), vide which, their consolidated salary has been reduced.
Learned counsel for the petitioners submits that the impugned action of the respondent authorities is vitiated, owing to sheer violation of principles of natural justice. He submits that before drawing the impugned order, neither the petitioners were afforded any opportunity of hearing, nor were served with any show cause notice.
On the last date of hearing, i.e. 14.08.2026, following order was passed by this Court:-
“Learned Counsel for the respondent(s), representing the University, seeks an adjournment to have appropriate instructions as to whether they are ready to re-consider the issue as the reduction in salary has been made without giving opportunity of hearing to the petitioners.
| On request, adjourned to 21.08.2026. | |||
| Meanwhile, respondents are also directed the | |||
| exact status of the petitioners. | |||
| To be show in the Urgent List.” | |||
In response, learned counsel for the respondents submits that services of the petitioners have since been regularized. Further, the reduction in their salary is the outcome of the complaints filed against them. However, he fairly admits that before resorting to the impugned action, principles of natural justice were not adhered to.
In the wake of the abovesaid conceded position on record, this Court is of the considered view that the impugned order and letter, being passed in apparent violation of the principles of natural justice, are untenable, and the same are set aside. Consequently, the respondent authorities are directed to re-visit the entire matter and pass a fresh order, but only after issuing a show cause notice to the petitioners, thereby, enabling them to file response(s), besides affording them adequate opportunity of hearing.
This Court is sanguine the authorities shall pass the necessary order as early as possible, but not later than two months from the receipt of a certified copy of this order. Disposed of, accordingly.