1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3345 OF 2008 Suhas Narayan Patil Age 41 yers, Occ. Primary Teacher (Assistant Teacher), R/o. Poast Khanapur, At Sonkhamb, Tal. Navapur, Dist. Nandurbar. .. petitioners Versus 1] Project Officer, Ekatmik Adivasi Vikas Prakalp. Nandurbar,Dist. Nandurbar. 2] Additional Commissioner Adivasi Vikas “Adivasi Vikas Bhavan”, Gadkari Chowk Nashik Division, Nashik. 3] Pashchim Khandesh Bhilla Seva Mandal [through its Chairman) Nandurbar Dist. Nandurbar. 4] Anudanit Prathmik Ashram Shala (through its Head Master) Sonkhamb, Tal. Navapur, Dist. Nandurbar. .. Respondent. --- Mr. S.R. Patil, Advocate for the petitioner Mr. S.K. Tambe, AGP for the respondent. 2 CORAM : B.R. GAVAI & N.D.DESHPANDE,JJ. DATE : 26th August, 2009. PER COURT :- 1] Rule. Rule made returnable forthwith. Heard by consent. 2] By way of present petition, the petitioner challenges the order dated 11th April, 2008, passed by the respondent No.1, thereby directing recovery of the amount of Rs. 8,26,075/- from the petitioner. It is the contention of the petitioner that though the petitioner has worked for the said period, the amount is being illegally recovered from him. 3] Shri Tambe, learned AGP submits that the amount is rightly recovered. It is submitted that during the period 1999 to 2005, the petitioner was working without there being any valid appointment order and approval of his services. He submits that the amount, which is paid, is on account of the illegal bills submitted by the school authorities. 4] We do not find it necessary to go into the rival submissions at this stage. It is not in dispute that before issuing the impugned order dated 11th April, 2008, the petitioner was neither issued any show cause notice nor was he given an opportunity of hearing. It is a settled principle of law that an 3 order inviting adverse civil consequences has to be preceded by the principles of natural justice. 5] We allow the petition in terms of prayer clause (A) only on the ground that the impugned order is passed without following the principles of natural justice. The respondent No.1 would be at liberty to issue the show cause notice to the petitioner and after giving an opportunity of hearing, appropriate orders may be passed in accordance with law. The petitioner and the respondent Nos. 3 and 4 shall appear before the respondent No.1, on 7th September,2009 for receiving the show cause notice. In that view of the matter requirement of formal notices to the petitioner and respondent Nos.3 and 4, stands waived. On the said date itself, the respondent NO.1 shall intimate the petitioner about the next date of hearing and as such, formal notice of hearing would also not be required. The respondent No.1 shall also give an opportunity of hearing to the Management, before passing the order. An authenticated copy of this order be given to the parties to act upon. Rule made absolute in above terms. There shall be no orders as to costs. [N.D. DESHPANDE, J.] [B.R. GAVAI,J.] Grt/- 4