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2026 Supreme(Online)(Mad) 25156

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mumminen Sudheer Kumar, J
V.M.Krishnan – Appellant
Versus
The State of Tamilnadu – Respondent
W.P(MD)Nos.5654 & 5656 of 2026



Advocates:
For the Appellants/Petitioners: Mr.G.Sailendrababu
For the Respondents: Mr.S.Shaji Bino

Violation of natural justice in administrative proceedings mandates quashing of orders.

Headnote:The petitioner seeks a Writ of Certiorarified Mandamus to quash the impugned recovery orders passed without adherence to natural justice regarding pay restoration from initial appointment. The court finds the proceedings unsustainable due to the violation of principles of natural justice. The court concludes that the quashed orders leave room for lawful corrective actions by the respondents and mandates refunds of any amounts recovered from the petitioner.

Table of Content
1. petition for writ seeking restoration of pay (Para 1)
2. court's observations on the issuance of proceedings without natural justice (Para 2 , 3)
3. court's reasoning for quashing and implications (Para 4)

ORDER

This writ petition has been filed seeking a writ of Certiorarified Mandamus calling for the records relating the impugned order passed by the 4th respondent No.Eo8/3/10833294/ADK/815 dated 12.01.2026 and the consequential recovery order issued by the 5th respondent proceedings vide No. Na.Ka. No.7168/A1/2025/FSD dated 04.11.2025 and further all consequential order and to quash the same and consequently directing the respondents to restore the scale of pay of the petitioner with salary benefits from the date of initial appointment.

2. When the matter came up for consideration before this Court for admission on 13.03.2026, this Court, after having take a note of the fact that the impugned proceedings appears to have been issued in violation of the principles of natural justice and passed the following docket order :

“Mr.S.Shaji Bino, learned Special Government Pleader, takes notice for the first to third, fifth and sixth respondents and seeks time to get instructions.

2. Prima facie, it appears that the impugned proceedings have been issued in violation of the principles of natural justice, thereby adversely affecting the interest of the petitioner.

3. Hence, post the matter on 16.03.2026 under the caption “For Orders”.

3. Today, when the matter is taken up for consideration, Mr.S.Shaji Bino, learned Special Government Pleader, appearing for the respondents 1 to 3, 5 & 6 fairly submitted that the impugned proceedings have been issued without affording an opportunity to the petitioner and the same would adversely affect the interest of petitioner including financially.

4. In the light of the above, the impugned proceedings cannot be sustained for want of compliance with the principles of natural justice, and accordingly, the impugned proceedings passed by the 4th respondent dated 12.01.2026 and the consequential recovery order issued by the 5th respondent dated 04.11.2025 are hereby quashed solely on the ground of violation of principles of natural justice, leaving it open to the respondents to take appropriate steps in accordance with law. The amounts, if any, recovered pursuant to the impugned proceedings shall be forthwith refunded to the petitioner.

5. With the above direction, this Writ Petition is allowed.

No costs. Consequently, connected miscellaneous petitions are closed.

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