1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1909 OF 2009 Dhanaraj Nathuram Aswani ..Petitioner V/s. Pimpri Chinchwad Municipal Corporation..Respondent Mr.P.K.Dhakephalkar, Senior Counsel a/w.Mr.N.P.Shimpi for the petitioner Mr.G.H.Keluskar, Advocate, for the respondent CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 12TH AUGUST, 2009 P.C. . Heard the learned counsel for the parties. 2. The Order dated 5th December, 2008, bearing No.TPD/Kavi/3B/390/08, passed by the Commissioner, Pimpri Chinchwad Municipal Corporation, Pimpri, Pune  18 is under challenge before this Court. Admittedly, the said Order has been passed without giving an opportunity to the petitioner to answer the defects and the allegations made against the 2 petitioner in the said Order. The basic principles of natural justice before condemning any person are required to be followed and we are surprised to note that an Officer of the rank of Commissioner is not aware of the said principles, which are applicable whilst carrying out any adjudicating process. Be that as it may. Since the impugned Order has been passed in breach of the principles of natural justice we remand the matter back to the Commissioner. We quash and set aside the Order dated 5th December, 2008. The Commissioner is at liberty, if he desires to hold an enquiry but before that the Commissioner shall issue a show cause notice to the petitioner and further give an opportunity to him to file his reply and produce the necessary documents before him. Thereafter, the Commissioner will hear the matter and every point urged by the petitioner will be dealt with by the Commissioner by passing a reasoned Order. We further direct that in the event the Order is adverse to the petitioner, the said Order shall not 3 be implemented for a period of two weeks. Pending consideration by the Commissioner, the petitioner shall not dispose of the DRC which is the subject matter of the above Writ Petition. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )