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Judgment
KULDEEP TIWARI, J.(Oral)
Through the instant petition, as cast under Article 226/227 of the Constitution of India, a prayer is made for quashing the order dated 14.05.2026 (P-11), whereby recovery of an amount of Rs.6,28,987/- was ordered to be effected from the petitioner, on account of withdrawal of the benefit of 15% increase in salary granted to him pursuant to notification dated 06.01.2022 (Annexure P-4).
Learned counsel for the petitioner in order to challenge the legality of the order (supra), submits that the same has been passed by the respondent-university, is in violation of the principal of natural justice, as neither any show-cause notice was issued to the petitioner nor any opportunity of hearing was afforded to him before passing the order of recovery.
On the last date of hearing, i.e. 29.05.2026, the co-ordinate bench of this Court had directed learned counsel for the respondents-university to seek appropriate instructions, and thereupon, to inform this Court as to whether, any show cause notice was issued to the petitioner before passing the impugned order of recovery.
Today, learned counsel for the respondent-University, on instructions, fairly submits that neither any show-cause notice was issued to the petitioner nor any opportunity of hearing was afforded to him before passing the impugned order.
In view of the above fair submission, as made by learned counsel for the respondent-university, this Court finds that the impugned recovery order, issued against the petitioner, does not pass the test of legality, on the ground of violation of the principles of natural justice, which is liable to be set aside.
Accordingly, the instant petition is allowed and the impugned order dated 14.05.2026 (Annexure P-11) is set aside.
Liberty is, however, reserved to the respondent-University to issue a show-cause notice to the petitioner, in case it finds that any undue benefit has been extended to him.
In such an eventuality, the respondent-University shall afford due opportunity of hearing to the petitioner before passing appropriate order in accordance with law.
All pending application(s), if any, also stand disposed of accordingly.