1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2663 OF 2008 Ramprabhaw R. Shukla and others ..Petitioners. Vs. The Head Master, R.P. Mangla High School, Thane and others ..Respondents. .... Mr. Mandar Limaye for the Petitioners. Mr. R.P. Behere, Addl. G.P. for Respondent No.3. .... CORAM: DR. D.Y. CHANDRACHUD, J. 26th June, 2008. P.C. : At the hearing of the proceedings before this Court it is an undisputed position that no hearing was furnished by the Education Officer (Secondary) Zilla Parishad, Thane to the Petitioners before the impugned order came to be passed on 31st March, 2008 for recoveries from salary. In these circumstances, Counsel appearing for the Third Respondent – the Education Officer (Secondary) Zilla Parishad, Thane has fairly accepted the submission that a notice to show cause be issued calling upon the Petitioners to explain why action for recovery as permissible in law 2 should not be taken, upon which an order shall be passed after furnishing to the Petitioners an opportunity of being heard. In order to facilitate this exercise, the impugned order dated 31st March, 2008 is quashed and set aside without the expression of any opinion by this Court on the merits of the rival contentions that may arise in pursuance of the show cause notice that may be issued. Since the impugned order has been quashed and set aside, it is needless to add that the salary of the Petitioners which has been held up shall be paid in accordance with law. All the rights and contentions of the parties are kept open. The Petition is accordingly disposed of. There shall be no order as to costs. *****