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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Dipti Ranjan Sahoo – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to promotion order (Para 1 , 2) |
| 2. natural justice requires fair hearing (Para 3) |
| 3. court observes lack of fair hearing (Para 4 , 5) |
| 4. order quashed; fresh decision required (Para 6) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. Heard Mr. B. Routray, learned Senior counsel along with Mr. S.D. Routray, learned counsel for the petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate for the State.
2. The present Writ Petition has been filed inter alia challenging order dated 26.11.2021, so passed by the Govt.-Opp. Party No.1 under Annexure-14. Vide the said order, benefit of promotion extended in favour of the petitioners vide order dated 18.02.2019 under Annexure-7, so issued by Opp. Party No.3 was cancelled.
3. It is the main contention of the learned Senior Counsel appearing for the petitioners that prior to cancelling the benefit of promotion so extended vide order dated 18.02.2019 under Annexure-7, since principle of natural justice was never followed, the said order is not sustainable in the eye of law.
3.1. In support of his submission, reliance was placed on the decisions of the Hon’ble Apex Court in the case of Menaka Gandhi vs. Union of India , AIR 1
Administrative actions involving civil consequences must adhere to the principles of natural justice, ensuring affected parties have an opportunity to be heard before adverse decisions are made.
Administrative decisions involving civil consequences must adhere to natural justice principles, including the right to be heard before punitive actions.
The withdrawal of pension benefits without notice violates the principles of natural justice, particularly the right to be heard in administrative actions that have civil consequences.
Natural justice principles require that cancellation of regularization without due process is impermissible, ensuring fair treatment for contractual employees seeking regular status after prolonged s....
Decisions affecting public servants' benefits must adhere to principles of natural justice to prevent arbitrary actions and ensure fairness.
Disengagement of an individual without due process violates the right to fair hearing under natural justice principles, necessitating quash of the order.
Administrative actions impacting civil rights must adhere to natural justice principles, requiring reasoned orders and opportunities for affected parties to be heard.
Natural justice principles require a fair hearing before any order with civil consequences is made, as established in several Supreme Court decisions.
The main legal point established in the judgment is the significance of the principles of natural justice, particularly audi alteram partem, in ensuring a fair and reasonable opportunity of hearing b....
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