The challenge in this petition is show cause notice issued by the externing authority in exercise of powers under Section 56(a) of Bombay Police Act on the ground that the material relied on in the show cause notice by the competent authority while issuing the notice including the statement of witnesses though demanded and not supplied to the petitioner which cannot be violative of principle of natural justice since the resultant effect is that the petitioner would be deprived of making effective representation to the competent authority against the proposed externment order that may be passed.
In support of his arguments, reliance is placed on the decision of this Court in the case of Baraiya Lakhabhai Dudhabhai vs. state fo Gujarat & Ors. [2002 (1) GCD 784] and submitted that if reasonable opportunity is not given and statements of secret witnesses are not supplied, such action on the part of the State Government result into violation of principle of natural justice. It is further submitted that in the above case the learned Judge relied on the decision in the case of Rambhai Khimchand v. State of Gujarat [1990 (2) GLH 617].
The above submissions of learned advocate for the petitioner are based on misconceived notion that in the above decision the Court has permitted exercise of powers under Article 226 of the Constitution of India against issuance of show cause notice.
In the above case, after the externment authority passed the order externing the externee, the concerned externee had also preferred appeal before the appellate authority as provided under Section 60 of the Act and thereafter in a challenge in the writ petition the Court had noticed the above aspect.
This petition is premature and misconceived as stated herein above and accordingly rejected having no merit.
[ANANT S. DAVE, J.] //smita// Top