JUDGMENT :

1. We have heard learned counsel for the appellants and learned counsel for respondent nos. 1 to 90.

2. This appeal is directed against the decision dated 16.11.2017 rendered by a learned Single Judge of this Court in W.P.(C) No. 4522 of 2017.

3. The writ petitioners-respondent nos. 1 to 90 filed a writ petition for quashing of memo no. CPF/2(3)/Electric/Sampada/Vol-II/150 dated 23.05.2017 (appended as Annexure-7 to the writ petition) which was issued by the Regional Commissioner-11/Estate, Coal Mines Provident Fund Organization, Dhanbad directing recovery of Rs.2.16 crore against electric charges from the employees of the Coal Mines Provident Fund Organization (hereinafter referred to as “CMPFO”) including the writ petitioners. The writ petitioners-respondents also sought for quashing of notice contained in memo no.CPF/2(3)/Electric Charge/Part-2/ Sampada/815 dated 20.02.2017 (Annexure 5 to the writ petition) issued by the Assistant Commissioner-I, Estate, Coal Mines Provident Fund Organization, Dhanbad (respondent no.3 to the writ petition) communicating that the order has been passed for recovery of the amount of Rs.2.16 crore which the CMPFO has incurred against the payment of dues towards consumption of electricity.

4. Facts in brief which would be necessary for consideration of the lis, stand enumerated as under:

5. The writ petitioners-respondent nos. 1 to 90 are employees of CMPFO and were posted at Headquarters and Regional Office at Dhanbad and were allocated quarters for residential purpose. The authorities of CMPFO, for the benefits of the employees, had taken a decision that only electricity charges at fixed rate would be recovered from the employees who are occupying residential quarters. Obviously this step was taken for the benefit of the employees. The fixed rate was used to be revised time to time. However, it appears that the Audit Officer, Office of the Principal Director of Commercial Audit & Ex-Officio Member, Audit Board-II, Indian Audit & Account Department, Kolkata vide Preliminary Audit Query No. 02 dated 31.03.2015 made an observation that due to non-installation of meters in the residential quarters and charging nominal fixed rate from the officers and staffs for supply of electricity, this CMPFO had incurred electricity expenditure amounting to Rs.2.16 crore during the years 2011-12 to 2013-14 which was in disregard of the instructions issued by the Ministry of Coal. Thereafter, the Deputy Secretary, Ministry of Coal vide its letter dated 24.01.2017 directed the Commissioner of CMPFO to immediately take steps to recover the electricity charges which was paid by the CMPFO. As a consequence thereof, the Coal Mines Provident Fund Commissioner, Ministry of Coal, Government of India, Dhanbad issued direction for recovery of Rs. 2.08 crores from the employees of CMPFO for the aforesaid period and also directed for recovery of the said amount in installments of six months and the same was intimated to the Deputy Secretary, Ministry of Coal, Government of India vide letter dated 09.02.2017. Accordingly, the Assistant Commissioner-I, Estate, Coal Mines Provident Fund Commissioner issued notice dated 20.02.2017 intimating the officers regarding the order which has been passed for recovery of Rs.2.16 crore. The Union of the writ petitioners filed representation against the order of recovery but the Regional Commissioner-11/Estate, Coal Mines Provident Fund Organization, Dhanbad issued office order directing for such recovery from the salary of the employees, who were occupying the residential quarters of CMPFO at the rate mentioned in the office order. Hence, the writ petition was filed.

6. The learned Single Judge, after consideration of materials available on record and hearing the parties has come to the conclusion that the order of recovery which has got civil consequence has been passed without adhering to the principle of natural justice, i.e., without affording any opportunity of hearing to the wr