High CourtsDivision Bench

Balram Singh vs State Of H.P. & Ors

High Court Of Himachal Pradesh · Decided on 28 April 2021 · Citation: (2021) 04 SHI CK 0263

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Chander Bhusan Barowalia, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2681 Of 2021
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Judgment

7 paragraphs · 153 words

Tarlok Singh Chauhan, J

1.

Issue notice. Mr. Bhupinder Thakur, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.

2.

Record reveals that the impugned orders of recovery dated 08.01.2021 (Annexure P-7) and 12.03.2021 (Annexure P-8) have been passed without affording an opportunity of hearing to the petitioner.

3.

It is more than settled that any order which has civil or evil consequence, is required to be passed only after affording due opportunity to an incumbent.

4.

Consequently, the impugned orders dated 08.01.2021 (Annexure P-7) and 12.03.2021 (Annexure P-8) are ordered to be set aside. The respondents are directed to afford an opportunity of hearing to the petitioner and thereafter pass consequential orders in accordance with law. Since the petitioner has retired from service, therefore, the entire exercise be completed within six weeks.

5.

The petition stands disposed of, so also pending applications, if any.

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