IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3924 of 2005 SANTOSH KUMAR SINHA, aged about 44 years, son of Sri Kishori Mohan Prasad Sinha, resident of Mohalla – Shastrinagar, Gaya, P S – Rampur, District – Gaya, presently working as Forester, Jagdishpur Beat, Divisional Forest Office, Arrah. Versus 1. THE STATE OF BIHAR . 2. The Secretary, Department of Forest and Environment, Government of Bihar, Patna. 3. The Principal Conservator of Forest, Department of Forest and Environment, Government of Bihar, Patna. 4. Conservator of Forest, Patna Circle, Patna. 5. Divisional Forest officer, Bhojpur Division, Arrah. 6. Assistant Conservator of Forest, Divisional Forest Office, Arrah. 7. Range Officer of Forest, Piro Range, Piro, Bhojpur. ----------- 03. 23.8.2010 The short point which has been raised on behalf of the petitioner with regard to the order contained in Anneuxre-5 is that recovery of Rs.7570/- in seven instalemnts has come to be issued by the respondents without any show cause or opportunity of hearing given to him. Annexure-5 is supposed to be based on an inspection carried out by the Conservator of Forest and based on so-called inspection and opinion the decision to recover the money from the petitioner came to be passed. Categorical assertion has been made that this order of recovery from a Class III employee has implications for him. It amounts to a kind of punishment for which a show cause was required to be issued to him. This aspect has not been denied that no show cause was issued to be petitioner before Anneuxre-5 came to be passed. The principle of natural justice requires that the petitioner ought to have been given an opportunity to explain himself before such 2 an order could be passed by the concerned authority. Annexure-5 is quashed on that ground alone. It will be however, open to the respondents to issue a show cause to the petitioner to seek his explanation and then may be, pass an appropriate order thereafter. The writ application is allowed. The recovery made from the petitioner will be dependent upon the decision of the respondents to proceed in the matter. rkp ( Ajay Kumar Tripathi, J.)