1. RULE. Mr. Niraj Sharma, learned AGP waives service of Rule for the respondents.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 27.12.2011, whereby the proceedings under Section 27A of the Bombay Police Act, 1951 were initiated by respondent No.1. It appears from the order impugned in the present petition dated 27.12.2011 that the authority who heard the said revision has not passed the said order. However, the order is passed by the present authority.
3. Considering this fact, Mr. Niraj Sharma, learned AGP places on record the communication dated 18.1.2012 addressed by the Deputy Secretary of the State of Gujarat in Home Department to learned Government Pleader stating that the petitioner shall be heard again and fresh order shall be passed in the revision. The said communication is taken on record. In view of the above, the order No. PDE/1903/2406/G dated 27.12.2011 is hereby quashed and set aside and the revision is remanded back for its rehearing before the competent authority.
4. Considering the fact that the issue is very old, the petitioner shall remain personally present in person or through his next friend before respondent No.1 authority on 6.2.2012. The respondent authority shall fix the hearing of Revision Application at the earliest. This order is passed in view of the fact that as the petitioner has filed the present petition, it is not necessary to issue formal notice of hearing of the revision.
5. It is, however, made clear that the aforesaid order is quashed and set aside only on the short ground, as indicated above, and this Court has not examined the matter on merits. It is, therefore, open for the petitioner to raise all contentions that are available and the respondent authority shall decide the said revision on its own merits without being influenced by the fact that the present petition was entertained.
6. Mr. R.K. Mishra, learned advocate for the petitioner makes a statement that the petitioner shall cooperate in the proceedings of revision before the competent authority.
7. With these observations, the petition is allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.
Registry is directed to send a copy of this order to Mr. Niraj Sharma, learned AGP for its onward communication.
[R.M.CHHAYA, J.] mrpandya