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2003 Supreme(Guj) 322

J.N.PATEL
SHREEJI MAILING SERVICE – Appellant
Versus
GOVERNMENT OF INDIA – Respondent


Advocates Appeared: JAGDISH H.MEHTA, P.J.DAVAWALA, PRASHANT MANKAD

JAYANT PATEL, J.

( 1 ) RULE. Ms. P. J. Davawala waives service of notice of rule on behalf of the respondents. With the consent of the parties, the matter is taken for final hearing today.

( 2 ) THE present petition arises against the order dated 27-3-2003 passed by Respondent No. 2, Sr. Superintendent of Post Office, City Division, Ahmedabad, whereby the licence of the petitioner for operating franking machine has been cancelled.

( 3 ) I have heard Mr. Mehta, learned Counsel for the petitioner and Ms. Davawala, learned Counsel for the respondents.

( 4 ) THE contention raised on behalf of the petitioner is that there are grounds in the show-cause notice which have been properly explained by the petitioner. However, the respondent, at the time of passing the final order dated 27-3-2003, has based the decision on certain aspects and grounds which were not there in the show-cause notice and, therefore, Mr. Mehta submitted that the order would be vitiated as no opportunity of hearing has been given to the petitioner for explaining the additional grounds.

( 5 ) ON behalf of the respondents, Ms. Davawala has submitted, inter alia, that as per the rules reasons are not required to be menti










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