Allahabad High Court Quashes Unilateral Pay Refixation Order

Court Upholds Principles of Natural Justice, Orders Fresh Hearing for Petitioner

In a significant ruling, the Allahabad High Court has set aside an order pertaining to the unilateral refixation of pay for Paritosh Gupta, a Sub-Inspector in the U.P. Police, stressing the importance of adhering to the principles of natural justice. The judgment was delivered by Justice Vikas Budhwar in Writ A No. 18205 of 2025, heard on December 3, 2025.

The petitioner, Paritosh Gupta, was appointed as a Sub-Inspector following a successful selection process initiated by an advertisement in 2001. However, an order dated August 18, 2025, passed by the Superintendent of Police (Regional) Intelligence, Meerut, unilaterally altered his pay structure, prompting Gupta to challenge the decision in court.

The court observed that the impugned order was issued without providing Gupta with any prior notice or opportunity to present his case, thus violating the principles of natural justice. Citing the Supreme Court's decision in "Bhagwan Shukla v. Union of India," the court reaffirmed that any action resulting in civil consequences must follow due process, including a fair opportunity for the affected party to be heard.

The court's decision emphasized that the unilateral action taken by the authorities was unsustainable. Justice Budhwar ordered the authorities to revisit the case, ensuring that Gupta is given a proper hearing. The court directed that a show-cause notice be issued to Gupta by January 15, 2026, and a new decision be made within two months thereafter.

This ruling underscores the judiciary's commitment to upholding the rule of law and ensuring fair play in administrative actions, especially those that impact an individual's financial and professional standing.

Bottom Line:

Service Law - An order leading to civil consequences, such as reduction or refixation of pay, must comply with the principles of natural justice, including providing notice and an opportunity to be heard to the affected party.

Statutory provision(s): Principles of Natural Justice, Service Law

Paritosh Gupta v. State of U.P., (Allahabad) : Law Finder Doc Id # 2817765