Calcutta High Court (Appellete Side)
3523W/2011 on 15 September, 2011
Author: Soumen Sen
Bench: Soumen Sen
1 011 W.P 3523 (W) of 2011 Tarapada Das ............ Petitioner Mr. Ekramul Bari, Syed Mansur Ali ......... For the petitioner The order passed by the District Inspector of Schools directing the writ petitioner to refund the amount, which he received by way of two additional increment for Ph.D degree, is a subject matter of challenge in this writ petition.
It appears from the order dated 27th December, 2010 that no reason has been given for passing such an order and without giving an opportunity of hearing to the petitioner such order has been passed.
It is the basic principle of natural justice that any order which has a civil consequence and is likely to cause prejudice to a person, he needs to be heard and it is also another facet of principle of natural justice that such authority has a duty and obligation to give reason for passing such an order since such reason is always open for judicial scrutiny and/or review, if challenged. Moreover, an aggrieved person is entitled to know the reason for which he is deprived of such right. On the twin tests this order cannot survive. Accordingly, the order dated 27th December, 2010 is set aside.
However, this will not prevent the authorities concerned to decide the matter afresh in accordance with the provision of law and the guidelines with regard to granting of such increments. It would be open for such authorities to pass a reasoned order within a period of four weeks from the date of communication of this order after giving an opportunity of hearing to the 2 petitioner and taking into consideration all such facts and materials on record as also the rules and regulations that are applicable to the petitioner.
(Soumen Sen,J.)