IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 8049 of 2001 Between: M.A. Mazeed, s/o. M.A. Sathoor, R/o. 2-3-512/A/80, Chennareddynagar, Amberpet, Hyderabad. ... PETITIONER AND 1 A.P.S.R.T.C., Rep. by its Regional Manager, Hyderabad, Hyderabad City Region, J.B.S., Secunderabad. 2 The Dy. Chief Personnel Manager (HCR), APSRTC, Hyderabad City Region, Secunderabad. 3 The Depot Manager, APSRTC Bus Depot, Miyapoor, R.R. District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ or Direction particularly one in the nature of writ of MANDAMUS declaring the impugned proceedings No.W4/354(18)/1999-HCR, dt.26-7-1999 as arbitrary, unjust and in violation of principles of natural justice and consequently direct the respondents- Corporation to pay back the amount recovered towards penal rent over and above the normal rent and pass such other order or orders which are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.NARASIMHA GOUD Counsel for the Respondents: MR.K.HARINATH The Court made the following: ORDER: Petitioner questions the office order of the second respondent dated 26.07.1999 directing the third respondent to recover the penal rent at the rate of 4 times of normal rent for the period from 22.01.1999 to 16.07.1999 in addition to the normal rent from 27.09.1998 to 21.01.1999 and water charges @ Rs.125/- per month on the ground that the petitioner was removed from service on 22.12.1998 and he has unauthorizedly stayed in the staff quarter from 22.01.1999 and vacated on 16.07.1999. 2. According to the respondents, as per the circular dated 10.07.1995 a removed employee is liable to vacate the quarter within a period of one month from the date of removal otherwise the penal rent at the rate of 4 times of normal rent will be recovered from one month from the date of removal till the date of vacating the quarter. 3. Learned counsel for the petitioner submits that the impugned order has been passed with giving any reasonable notice and without giving any reasonable opportunity to the petitioner. He further submits that when the petitioner over-stayed in the staff quarter it was not at all intimated to the petitioner that penal rent at the rate of 4 times of normal rent would be recovered on over-staying and the circular was also not furnished. Therefore, the petitioner was not aware of the penal rent at the rate of 4 times of the normal rent for over-staying. 4. I am not inclined to express any opinion on the contentions of the rival parties as admittedly the impugned order has been passed without giving any opportunity to the petitioner. Therefore, the principles of natural justice require a reasonable opportunity to be given before passing the impugned order for recovery of the penal rent. 5. Having regard to the facts and circumstances of the case, the impugned order is directed to be treated as a show cause notice giving reasonable opportunity to the petitioner to submit his explanation within two weeks from the date of receipt of a copy of this order and on receipt of the explanation, final order shall be passed giving reasonable opportunity to the petitioner. Till the final orders are passed, the penal rent at the rate of 4 times of normal rent shall not be recovered. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 9, 2008 DSK