High Court Patna High Court - Orders

Tribhuwan Nath Mishra vs The State Of Bihar &Amp; Ors on 12 August, 2010

Patna High Court – Orders
Tribhuwan Nath Mishra vs The State Of Bihar &Amp; Ors on 12 August, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CWJC No.1975 of 2010
1. TRIBHUWAN NATH MISHRA S/O LATE SATYA NARAIN MISHRA R/O VILL
PURWA, P.S- HAJIPUR SADAR, DISTT- VAISHALI
                                      Versus
1. THE STATE OF BIHAR   THROUGH THE SECRETARY, DEPARTMENT OF
SCHEDULED CASTES AND SCHEDULED TRIBES WELFARE, GOVT. OF BIHAR,
PATNA
2. THE DIRECTOR, DEPARTMENT OF SCHEDULED CASTE AND SCHEDULED
TRIBES WELFARE, GOVT. OF BIHAR, PATNA
3. THE DEPUTY DIRECTOR, WELFARE, MUNGER DIVISION, DEPARTMENT OF
SCHEDULED CSTE AND SCHEDULED TRIBES WELFARE, GOVT. OF BIHAR
4. THE DISTRICT WELFARE OFFICER, BEGUSARAI, DEPARTMENT OF
SCHEDULED CSTE AND SCHEDULED TRIBES WELFARE, GOVT. OF BIHAR
5. THE DISTRICT ACCOUTNS OFFICER, DEPARTMENT OF SCHEDULED CASTE
AND SCHEDULED TRIBES WELFARE, BEGUSARAI
                                  -----------

2/ 12/08/2010 Heard learned counsel for the petitioner and

learned counsel for the State.

The grievance of the petitioner is against stoppage

of salary completely in context of a controversy raised from a

source other than the Government authorities of his

ineligibility to the pay scale of Rs.5000-8000/- as ordered on

24.9.2009 pending enquiry.

Learned counsel for the State points out from

Annexure-E to the counter affidavit dated 19.2.2010, after

filing of the writ petition that orders have been issued for

payment of salary at the old pay scale pending decision.

Any administrative order to the prejudice of an

employee visiting him with adverse civil consequences has to

be in accordance with the principles of natural justice. The

contention of the petitioner is that the aforesaid pay scale

has been paid to him ever since 1.1.1998 till the issuance of
-2-

the impugned order in an ex-parte manner. This law stands

well settled and is not a recent enunciation of administrative

law. If the respondent authorities insist on arrogating unto

themselves powers which the law specifically prohibits, the

Court has little option but to set aside such orders.

Learned counsel for the State from the counter

affidavit acknowledges that no show cause has been given

prior to stoppage of salary or direction for a lesser scale

pending enquiry. The right to receive salary is a statutory

right and can be interfered with only in accordance with law.

The petitioner is held entitled to the salary that

was being drawn by him from 1.1.1998 before the impugned

order came to be issued.

The respondents shall be at liberty to serve a

show cause notice upon the petitioner which the petitioner is

required to reply within such reasonable time as may be

granted by the respondents whereafter the respondents shall

decide the matter by a reasoned and speaking order to

facilitate judicial review should the need arise.

The impugned order dated 24.9.2009 is quashed.

The application is allowed.

KC                                ( Navin Sinha, J.)