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SCA/8356/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8356 of 2011
=========================================================
PANCHAL
DILIPKUMAR CHANDULAL - Petitioner(s)
Versus
AHMEDABAD
MUNICIPAL CORPORATION - Respondent(s)
=========================================================
Appearance
:
MR
PS CHAUDHARY for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/07/2011
ORAL
ORDER
1. Heard
learned advocate Mr.P.S.Chaudhary for petitioner.
2. In
present petition, the grievance of present petitioner is that his
salary has been reduced by respondent – Corporation without
giving any opportunity to petitioner and such deduction has been made
by way of recovery from the salary of petitioner from the month of
December,2010.
3. If
that be so, let petitioner may make detailed representation to
respondent – Corporation, within a period of one month from the
date of receiving copy of present order.
4. As
and when respondent – Corporation receives such representation
from petitioner, it is directed to respondent – Corporation to
consider such representation and grievance made by petitioner in
representation and also to consider an important aspect that before
reducing the salary of petitioner, no reasonable opportunity of
hearing was given to petitioner and then, to pass appropriate
reasoned order as early as possible, preferably within a period of
one month from date of receiving copy of such representation from
petitioner.
5. Meanwhile,
let respondent – Corporation may also wait, if apparently such
order of reduction in salary has been passed without following
principle of natural justice, then at least recovery from salary may
not be effected.
6. In
view of above observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
[
H.K.RATHOD, J. ]
(vipul)
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