THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP NO. 23176 OF 2011 Date of Judgment: 29.11.2011 Between: J. Laxmi Kumar and others …Petitioners and The Government of India and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP NO. 23176 OF 2011 ORDER: The petitioners who all acted as commission agents for the postal department were asked to refund the excess and irregular commission amounts retained by them and the respondents-postal department had made the demands impugned in this writ petition on the basis of the objections raised by the audit department. The said impugned demands are questioned in this writ petition by all the petitioners inter alia on the ground that the demand made against each of the petitioners for the alleged recovery of the excess commission amount is not preceded by any notice or opportunity and thereby principles of natural justice were violated. The learned standing counsel for the respondents, who have filed a counter-affidavit, justifies the demand and contends that the petitioners themselves are well aware of the extent of commission they are entitled to and as such they were reminded to refund the excess commission amounts. To the extent of the requirement of giving notice and opportunity, however, the counter-affidavit is silent. The learned counsel for the petitioners has also placed reliance upon the order dated 3.3.2010 passed by this Court in WP No. 4817 of 2010 whereunder the respondents were directed to issue a show cause notice and the petitioner was granted opportunity to file representation and thereafter the respondents were to pass appropriate orders in accordance with law. In my view, the grievance of the petitioners in the present case can also be redressed by passing a similar order. Hence the demand notice issued by third respondent against each of the petitioners is set aside. The third respondent shall issue notice for recovery of excess amount, if any due and payable by all or any of the petitioners and on receipt of such notice, the petitioners shall file their replies within two weeks and on consideration thereof, the third respondent or the competent authority shall pass appropriate orders thereon in accordance with law. With the above direction, the writ petition is disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 29.11.2011 KR