Case Note & Summary
The petitioner, Sri D. Shankar, held a stone quarrying licence valid until 15 March 2023. On 26 March 2018, the Deputy Conservator of Forests (third respondent) directed the Director of Mines and Geology (fourth respondent) to take steps for cancellation of the licence. Subsequently, on 27 June 2019, the Senior Geologist (second respondent) passed an order suspending the licence. The petitioner challenged this suspension order dated 22 August 2019 by way of a writ petition under Articles 226 and 227 of the Constitution of India. The court heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents. The court found that the impugned order of suspension was passed without issuing any show cause notice to the petitioner, thereby violating the principles of natural justice. The court held that such an order cannot be sustained and accordingly quashed the suspension order. The court directed the respondents to pass a fresh order after giving an opportunity of hearing to the petitioner. The writ petition was allowed in those terms.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Suspension of Licence - The State Government suspended the petitioner's stone quarrying licence without issuing any show cause notice or affording an opportunity of hearing. The court held that such an order is in gross violation of principles of natural justice and cannot be sustained. (Paras 2-4)
Issue of Consideration
Whether the suspension of a stone quarrying licence without issuing a show cause notice to the licensee violates principles of natural justice.
Final Decision
The writ petition is allowed. The impugned order dated 22.8.2019 suspending the petitioner's stone quarrying licence is quashed. The respondents are directed to pass a fresh order after giving an opportunity of hearing to the petitioner.
Law Points
- Natural justice
- audi alteram partem
- suspension of licence without show cause notice
- violation of principles of natural justice
- writ jurisdiction under Article 226
