WP(C) 1473/2008 BEFORE THE HONBLE MR. JUSTICE N.CHAUDHURY Heard Mr. G.Alam, who has been entrusted in this case by Mr.P.D.Nair, advocate o n record, and accordingly he has been permitted to make submission. In this writ petition the order dated 24.03.2008, issued by the Director of Trai ning, Assam Administrative Staff College, has been challenged. By the said order recovery to the tune of Rs. 37,848/- has been ordered to be made from the petit ioner who is a 4rh Grade employee in the office of Assam Administrative Staff Co llege. The allegation against the petitioner as discernible from the affidavit-i n-opposition, submitted in this writ petition is that during the period from Apr il 1997 to March 2003, petitioner availed benefit of Government Quarter, while s haring the allotted room of one Jalil Bordoloi, Peon of the same institute and a t the same time he also availed house rent allowance. In Para-5 of the writ peti tion the petitioner admitted that, for a period of 4 months w.e.f. 30.04.2002 to 29.07.2002, he stayed in the allotted quarter of Jalil Bordoloi by sharing room with him in view of his treatment for heart ailments. But in the remaining peri od he stayed in his own house in village and continued attending the office. Acc ording to the writ petitioner, no prior notice was served on him and no opportu nity of hearing also was afforded to him before such punitive action of recovery of huge amount to the tune of 37,848/- was made. Had any opportunity been provi ded, he would have been able to place his defence before the authority to show t hat except the aforesaid period of 4 months, he did not avail facility of Govern ment quarter and as such the house rent allowance by him for these period except the 4 months was justified and consequently the order of recovery in the whole period referred to above is un-justified. Upon perusal of the materials on record and pleadings of the parties and after h earing the learned counsel for the petitioner Mr. G.Ahmed and Mr. M.Bhagabati le arned Government Advocate, it is evident that before passing order of recovery d id not afford any opportunity to the petitioner and thus, for non-compliance of the Principles of Natural Justice the order has become vitiated. This court, accordingly, by order dated 10.04.2008, stayed the order of recovery and no recovery has been made till date. The aforesaid order dated 24.03.2008, for recovery of money from the petitioner is set aside for violation of the Prin ciples of Natural Justice. The respondents, however, shall be at liberty to pass necessary orders after aff ording adequate opportunity to the petitioner. Writ petition is disposed of.