‘Even God gave hearing to Adam and Eve’: Orissa High Court emphasises on principles of natural justice

The grievance of the petitioners in this case was against the recovery order that had occurred because of withdrawal of one annual increment.

Advocates K K Swain and JR Khuntia appearing for the petitioner, submitted that increment is a monetary value and that would constitute property under Article 300A of the Constitution of India. It was further submitted that, therefore, without due process the exercise could not have been undertaken.

The counsel for the state, SB Mohanty, argued that no useful purpose would be served even if notice is given. He submitted that the ground of violation of principles of natural justice would not come to the aid of the petitioner.

At the outset the court noted that an order without compliance with the principles of natural justice is unsustainable.

Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence as under and for the reason that an order without compliance with the principles of natural justice is unsustainable.

The court therefore remitted the matter back to the district education officer for considering it afresh, after giving an opportunity of hearing to all the stakeholders, including the petitioners.

“A Writ of Certiorari issues quashing the impugned order. Matter is remitted to the portals of District Education Officer-OP 3 for consideration afresh in accordance with law and after affording an opportunity of hearing to all the stakeholders, including the petitioners herein. All contentions are kept open,” it ordered.