Case Note & Summary
The petitioner, Smt. Renuka w/o Mohan Patel, proprietor of Payal Bar and Restaurant in Nagpur, challenged an order passed by the Commissioner of Police, Nagpur (respondent no.2). The impugned order was based on a show cause notice issued to the petitioner, but the copies of documents relied upon in the notice were not furnished to her. The petitioner contended that despite an order dated 6/12/2010 by the Commissioner directing that the documents be supplied, they were not provided, thereby preventing her from effectively responding to the show cause notice. The court observed that the failure to furnish documents resulted in a violation of principles of natural justice, vitiating the impugned order. The learned Additional Government Pleader, Smt. B.H. Dangre, fairly conceded that the order could be set aside and the matter remanded for fresh consideration, with an undertaking that the documents would be supplied within four weeks. Consequently, the court set aside the impugned order, remanded the matter to the Commissioner of Police for de novo consideration, directed the Commissioner to furnish the documents to the petitioner within four weeks, and to decide the matter within eight weeks thereafter. Rule was made absolute with no order as to costs.
Headnote
A) Administrative Law - Principles of Natural Justice - Right to Fair Hearing - Show Cause Notice - Failure to Furnish Documents - The Commissioner of Police passed an order against the petitioner without supplying copies of documents on which the show cause notice was based, despite an earlier direction to furnish them. The court held that this prevented the petitioner from effectively responding, violating natural justice. The order was set aside and the matter remanded for de novo consideration with a direction to supply documents within four weeks and decide within eight weeks thereafter. (Paras 2-4)
Issue of Consideration
Whether an order passed without furnishing copies of documents relied upon in a show cause notice is vitiated for violation of principles of natural justice.
Final Decision
The impugned order is set aside. The matter is remanded back to the Commissioner of Police for de novo consideration. The Commissioner is directed to furnish the documents to the petitioner within four weeks and decide the matter within eight weeks thereafter. Rule made absolute. No order as to costs.
Law Points
- Principles of natural justice
- Right to fair hearing
- Duty to furnish documents
