BHAGWAN SHUKLA S/O SH. SARABJIT SHUKLA versus UNION OF INDIA AND ORS.
An order reducing an employee's basic pay retrospectively, without any notice or opportunity of hearing, is unsustainable as it violates principles of natural justice and fair play in action.
- Parties
- Appellant: Bhagwan Shukla s/o Sarabjit Shukla; Respondents: Union of India and Ors.
- Jurisdiction
- India
- Judgment Date
- 05 August 1994
- Procedural Posture
- Civil Appeal / Appeal From Central Administrative Tribunal
- Outcome
- Appeal allowed
- Legal Topics
- Railways, Reduction of Basic Pay, Principles of Natural Justice
Case Brief
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Parties
Bhagwan Shukla s/o Sarabjit Shukla
Appellant
Union of India and Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal
Legal Issues
- 1 Whether order reducing basic pay retrospectively without notice is legally sustainable
Ratio Decidendi
An order reducing an employee's basic pay retrospectively, without any notice or opportunity of hearing, is unsustainable as it violates principles of natural justice and fair play in action.
Court Disposition
Appeal allowed
Orders
- Order of Central Administrative Tribunal dated 17.9.1993 set aside
- Order (memorandum) dated 25.7.1991 reducing basic pay set aside
Full Case Text
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