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2017 Supreme(Bom) 73

S.S.SHINDE, K.K.SONAWANE
Kanifnath Radhakishan Popalghat – Appellant
Versus
State of Maharashtra, through Principal Secretary Home Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. N.V. Gaware.
For the Respondent: Mr. D.R. Kale.

JUDGMENT :

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith. Heard finally, with consent of the learned counsel for the parties.

2. This petition is filed with following prayer:

“B. Quash and set aside the impugned order dated 29.10.2016 passed by respondent no. 2 - Divisional Commissioner, Nashik Division Nashik, in Externment Appeal No. 39 of 2016 and consequently said proceedings may kindly be allowed into and for that purpose issue necessary orders.”

3. The learned counsel appearing for the petitioner invites our attention to the show cause notice and submits that no specific ground has been set out in the show cause notice, therefore, on that ground alone entire proceedings based upon said show cause notice stands vitiated. He further submits that mandate of provisions of Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 (for short “Act of 1951”) has not been adhered too by the authority, while issuing show cause notice and also passing the order by respondent no. 3.

4. It is submitted that though respondent no. 2 Divisional Commissioner, Nashik Division, Nashik has modified the order passed by respondent no. 3 and confined the implementation and execution of the order












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