Adverse administrative actions must comply with principles of natural justice, requiring notice and an opportunity for hearing before any punitive measures are enacted.

Order :

1. A challenge has been led to the impugned order dated 15.11.2018 passed by the respondents by which the pay scale of the petitioner has been revised after his retirement.

2. Learned counsel for the petitioner submits that the petitioner stood retired on 31.01.2017 and post his retirement, without affording any opportunity of hearing, his pay scale was revised from the running pay band of Rs. 9300-34800 to the running pay band of Rs.5200-20200. Learned counsel submits that the aforesaid action has been done by the respondents without issuing any notice to the petitioner and without affording any opportunity of hearing. Learned counsel submits that reduction of pay band amounts to punishment provided under Rule 14 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”) hence without complying with the due process of law, the impugned order cannot be passed. Learned counsel submits that such action on the part of the respondents has resulted in violation of principles of natural justice, hence under these circumstances, interference of this Court is warranted.

3. Per contra, learned counsel for the respondent-State opposed the arguments raised by learned counsel for the petitioner and submitted that the order dated 15.11.2018 was passed by the authorities in light of the order dated 25.03.2014 passed by Division Bench of this Court at Principal Seat at Jodhpur in the case of State of Rajasthan & others Versus Karan Singh (D.B. Special Appeal (Writ) No.382/2013). Learned counsel submits that, under these circumstances, the authorities have not committed any error in revising the pay scale of the petitioner, so interference of this Court is not warranted.

4. Heard and considered the submissions made at the Bar and perused the material available on record.

5. Perusal of the record as well as the order impugned indicates that the impugned order has been passed by the respondents without issuing any notice and without affording any opportunity of hearing to the petitioner, which has resulted in violation of principles of natural justice.

6. It is a settled proposition of law that whenever any adverse order passed against the person, it is expected from the authorities concerned, to provide the person, an opportunity of hearing, but without affording any opportunity of hearing, no adverse order can be passed. Hence under these circumstances, the respondents have violated the principles of natural justice, therefore, the impugned order is liable to be quashed and set aside on this count alone.

7. Accordingly, the writ petition stands disposed of. Stay application as well as applications (pending, if any) also stand disposed of. The matter is remitted back to the respondents for passing fresh/appropriate orders after affording due opportunity of hearing to the petitioner strictly in accordance with law.

8. Needless to observe that the fresh order would be passed by the respondents within a period of three months from the date of receipt of certified copy of this order.