Case Note & Summary
The petitioner, Dr. Basavaraj R. Bagade, an Assistant Professor at Rani Channamma University, Belagavi, filed a writ petition under Article 226 of the Constitution of India challenging an order/letter dated 13/01/2025 issued by the State of Karnataka (Respondent No.1) to the University (Respondent No.2). The impugned order directed the University to recover the salary paid to the petitioner during the period of his suspension. The petitioner had been suspended and later reinstated. The petitioner sought quashing of the impugned order and all further proceedings pursuant thereto. The Court noted that the impugned order was passed without issuing any show cause notice or affording an opportunity of hearing to the petitioner. The Court held that any order which has civil consequences must be passed only after following principles of natural justice. Since the impugned order was passed in violation of natural justice, it was unsustainable. The Court allowed the writ petition and quashed the impugned order dated 13/01/2025. The Court also directed that the respondents are at liberty to proceed in accordance with law after providing an opportunity of hearing to the petitioner.
Headnote
A) Administrative Law - Principles of Natural Justice - Recovery of Salary - The impugned order directing recovery of salary paid to the petitioner during suspension period was set aside as it was passed without issuing any show cause notice or affording an opportunity of hearing to the petitioner. The Court held that any order which has civil consequences must be passed only after following principles of natural justice. (Paras 1-4) B) Service Law - Suspension - Salary During Suspension - The petitioner, an Assistant Professor, was suspended and subsequently reinstated. The State Government directed the University to recover the salary paid to the petitioner during the suspension period. The Court quashed the direction as it was passed without hearing the petitioner. (Paras 1-4)
Issue of Consideration
Whether the impugned order dated 13/01/2025 directing recovery of salary paid to the petitioner during the period of suspension, without affording an opportunity of hearing, is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order/letter dated 13/01/2025 bearing No.ED 255 URC 2023 issued by the Respondent No.1 to the Respondent No.2 is quashed. The respondents are at liberty to proceed in accordance with law after providing an opportunity of hearing to the petitioner.
Law Points
- Principles of natural justice
- Recovery of salary without hearing
- Quasi-judicial authority
- Show cause notice
- Opportunity of hearing
