Case Note & Summary
The petitioner, Aniuddin Shamsuddin Solanki, filed a criminal writ petition challenging an externment order dated 31/7/2020 passed by the Sub Divisional Magistrate, Kelapur (Respondent No.2), externing him from Yavatmal District for two years under Section 56(b) of the Maharashtra Police Act, 1951. The petitioner contended that the order violated principles of natural justice as he was not given a reasonable opportunity of being heard and the documents he sought were not supplied. The factual chronology shows that a show cause notice was issued on 23/6/2020, the petitioner filed a reply on 29/6/2020, and a hearing was scheduled for 23/7/2020. On that date, the petitioner and his counsel appeared and sought an adjournment, which was granted, and the matter was posted to 30/7/2020. However, on 30/7/2020, neither the petitioner nor his counsel appeared, and the authority adjourned the matter to the next date and passed the externment order. The court noted that the petitioner had made an application for supply of documents, which was not complied with. The court held that the failure to supply documents and the inadequate opportunity of hearing amounted to a violation of natural justice. The court quashed the externment order and set aside the same, allowing the petition.
Headnote
A) Administrative Law - Principles of Natural Justice - Reasonable Opportunity of Hearing - Maharashtra Police Act, 1951, Section 56(b) - The petitioner challenged an externment order on the ground that no reasonable opportunity of being heard was granted and documents sought were not supplied. The court held that the authority must supply copies of documents relied upon and grant adequate opportunity, and failure to do so vitiates the order (Paras 2-6).
Issue of Consideration
Whether the externment order passed under Section 56(b) of the Maharashtra Police Act, 1951, violated principles of natural justice due to failure to supply documents and grant reasonable opportunity of hearing.
Final Decision
The petition is allowed. The impugned order dated 31/7/2020 passed by Respondent No.2 is quashed and set aside.
Law Points
- Principles of natural justice
- reasonable opportunity of hearing
- supply of documents
- externment under Maharashtra Police Act
Case Details
2020 LawText (BOM) (09) 70
Criminal Writ Petition No.346/2020
Sunil B. Shukre, Avinash G. Gharote
Shri Anil Mardikar, Senior Advocate with Shri S.G. Joshi for petitioner; Mrs. K.R. Deshpande, Addl. P.P. for respondents/State
Aniuddin Shamsuddin Solanki
The Superintendent of Police, Yavatmal; Sub Divisional Magistrate, Kelapur; Sub Divisional Police Officer, Pandharkawada; Police Station Officer, Police Station, Parwa
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Nature of Litigation
Criminal writ petition challenging an externment order.
Remedy Sought
Quashing of the externment order dated 31/7/2020 passed by Respondent No.2.
Filing Reason
Violation of principles of natural justice as no reasonable opportunity of hearing was granted and documents sought were not supplied.
Previous Decisions
The Sub Divisional Magistrate passed the externment order on 31/7/2020 externing the petitioner from Yavatmal District for two years.
Issues
Whether the externment order violated principles of natural justice due to failure to supply documents and grant reasonable opportunity of hearing.
Submissions/Arguments
Petitioner: The order violates natural justice as no reasonable opportunity was given and documents sought were not supplied.
Respondents/State: The petitioner was given ample opportunity; adjournment was granted on 23/7/2020, but on 30/7/2020 neither petitioner nor counsel appeared, so authority had no choice but to pass the order.
Ratio Decidendi
The failure to supply copies of documents relied upon and the inadequate opportunity of hearing amount to a violation of principles of natural justice, vitiating the externment order.
Judgment Excerpts
The present petition challenges the order of externment passed by the Respondent no.2 dated 31/7/2020, externing the petitioner from Yavatmal District for a period of two years on the ground that the same violates the principles of natural justice, as no reasonable opportunity of being heard was granted nor the documents sought for, supplied.
Procedural History
The proposal for externment was received on 14/5/2020; enquiry directed on 16/6/2020; show cause notice issued on 23/6/2020; petitioner filed reply on 29/6/2020; report submitted on 14/7/2020; hearing notice issued on 20/7/2020; petitioner appeared on 23/7/2020 and sought adjournment; matter posted to 30/7/2020; on 30/7/2020 neither petitioner nor counsel appeared; authority adjourned and passed externment order on 31/7/2020; petitioner filed writ petition challenging the order.
Acts & Sections
- Maharashtra Police Act, 1951: 56(b)
