State of Rajasthan and Others vs Jawahar Lal

B.R. Arora, J.—This appeal is directed against the judgment dated 19.9.1996 passed by the learned Single Judge, by which the learned Single Judge disposed of the writ petition filed by the petitioner with the following observation:

The averments made in the present writ petition and also argument advanced by the learned Counsel for the petitioner it appears that the petitioner has not been suspended during the pendency of the disciplinary enquiry therefore, he is entitled for salary month by month and the respondents are hereby directed to pay the arrears of salary to the petition until date and continue to do so month by month unless during the pendency of the disciplinary proceedings the petitioner is placed under suspension. It is made clear that in case the petitioner is placed under suspension during the pendency of disciplinary proceedings he shall be paid subsistence allowance till the conclusion of the disciplinary proceedings in accordance with law.

The learned Single Judge disposed of the writ petition at the Admission stage without issuing any notice to the responent- appellants and without giving any hearing to them. Since the order has been passed by the learned Single Judge adversely affecting the rights of the respondent-appellants, therefore, it was necessary for the learned Single Judge to have given an opportunity of hearing to the respondent appellants. Since the order has been passed by the learned Single Judge without giving an opportunity of hearing to the appellant respondents, the order therefore deserves to be quashed and set-aside.

In the result, the appeal filed by the appellants is allowed. The judgment dated 19.9.1996 passed by the learned Single Judge is quashed and set aside. The appellants have filed reply to the writ petition. The writ petition may, therefore, be disposed of after giving an opportunity of hearing to the appellant-respondents and after taking into consideration the reply filed by the appellant respondents.