IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4689 of 1997 Dr. Kumod Kant Jha, S/o Shri Kamal Narayan Jha, Resident of Village Supaul, P.S. Supaul, District Supalu, at present working as Junior Scientist-cum-Assistant Professor (Horticulture), Krishi Vigyan Kendra, Munger. ---------- Petitioner Versus 1. The Rajendra Agricultural University, through the Vice- Chancellor, Pusa, Samastipur. 2. The Registrar, Rajendra Agricultural University at Pusa, Samstipur. 3. The Director of Administration, Rajendra Agricultural University at Pusa, Samstipur. 4. The Chief Training Organiser, Krishi Vigyan Kendra, Munger. -------- Respondents ----------- 12 08.07.2010 Heard Mr. Dhirendra Kumar Jha, learned counsel for the petitioner and Mr. D.K. Sinha, learned senior counsel assisted by Mr. A.K. Upadhaya for the Rajendra Agricultural University. The prayer of the petitioner in this writ application reads as follows:- “1(i) For quashing the notification bearing memo No. 649 dated 28.5.1996 (annexure-8) issued by respondent no.3 by the order of respondent no.1 by which the placement (promotion) of the petitioner under carrier Advancement scheme in the senior Scale of Rs. 3000-100-3500-125- 5000 has been changed from 20.11.1987 to 15.12.1993 with a direction to adjust his excess payment paid for this period on the ground that the post of 2 Training Assistant at Sokhodeora is not equivalent to the post of Junior Scientist of the University. (ii) For restraining the respondents from adjusting the excess amount paid to the petitioner vide the notification contained in Annexure-6, rather the respondents should be directed to pay all the arrears accrued in pursuance of such promotion. (iv) For paying the arrears to salary caused due to difference of pay (as per Annexure-6) from 20.11.1987 to June 1991 and from June 1996 till decision of this case.” Mr. Jha, while pressing the aforementioned relief, would submit that admittedly the impugned order has the tenor and the effect of its being punitive causing civil and evil consequences, inasmuch as, the respondents also seek to recover the salary drawn by the petitioner on the promotional post for a period of 5-6 years. He would, however, submit that the petitioner was given no notice and/or opportunity of hearing by the respondents to place his case both with regard to the entitlement of such promotion as also his being not liable for refund of 3 any salary on account of no laches on his part. Learned counsel for the University does not dispute this fact that the impugned order dated 28.5.1996 (Annexure-8) was passed without notice and/or affording opportunity of hearing to the petitioner. It is well settled that any action of the authority which would take away any privilege or right being enjoyed by the incumbent must be in keeping with the principles of natural justice. The principle of natural justice only ensures fairness in action and in fact, when the petitioner was given promotion by an order dated 29th March, 1991 (Annexure-6) and it same was to be cancelled for the whatsoever reasons he was definitely entitled for a notice and/or opportunity of hearing. That being so, this writ application is allowed and Annexure-8, the impugned order, so far it relates to the petitioner, is hereby quashed and the matter is remitted back to the Vice-Chancellor of the University who now after giving a show-cause notice as 4 also opportunity of hearing to the petitioner would pass a fresh speaking order in accordance with law. It is, however, made clear that this Court has expressed no opinion on the merits of the case of the petitioner and has merely remitted the matter back as it has found the same to be in violation of principle of natural justice. Such an exercise by the Vice- Chancellor must be completed within a period of six months from the date of receipt/production of a copy of this order and till such an order is passed, neither the petitioner will be subjected to any recovery nor he would be entitled for any monetary benefit on the basis of quashing of the impugned order. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)