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2024 (7) TMI 1 - HC - Indian LawsIssues: Premature dismissal of writ petition by learned Single Judge, violation of principles of natural justice in holding preliminary enquiry against retired employee without opportunity to be heard. Analysis: The appellant, a retired Secretary/General Manager, was engaged on a contract basis post-retirement. A complaint was made against the respondent regarding non-deposit of GST, leading to proceedings and an enquiry against the appellant. The appellant filed a writ petition, which was dismissed as premature by the Single Judge. The appellant argued that the ex-parte proceedings were unjust as no departmental enquiry had been initiated during his tenure. The Single Judge dismissed the petition based on prematurity, without considering the violation of natural justice principles. The appellant contended that the ex-parte proceedings against a retired employee without proper permission and opportunity to be heard were against the principles of natural justice. The High Court observed that in administrative actions with civil consequences, natural justice must be followed. Citing the Supreme Court's ruling, the court emphasized the importance of providing a reasonable opportunity to be heard before making adverse orders. The court set aside the Single Judge's order and directed a re-consideration of the matter on its merits. In conclusion, the High Court partly allowed the Special Appeal, emphasizing the need for a proper hearing on the merits of the case. The court highlighted the importance of upholding principles of natural justice, especially in cases with civil consequences, and directed the matter to be reviewed by the Single Judge for a fair consideration.
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