SIRAZ MUHAMMAD ANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order passed by respondent no. 2 dated 04/07/2005 by which the penalty of Rs. 21,500/- has been imposed.

(2.) The learned advocate appearing on behalf of the petitioner has submitted that the impugned order imposing penalty of Rs. 21,500/- is absolutely illegal and against the principles of natural justice and without following the due procedure and is beyond jurisdiction. It is submitted that before imposing penalty of Rs. 21,500/-, no opportunity has been given to the petitioner and no proceedings have been initiated and, therefore, it is requested to allow the present Special Criminal Application.

(3.) Ms. Trusha Patel, learned APP, under instructions from the concerned respondents has fairly conceded that before imposing penalty of Rs 21,500/-, no proceedings have been initiated and no opportunity has been given to the petitioner. However, she has submitted that on the basis of the statement made by the concerned person submitting that he is ready and willing to pay the penalty which may be imposed and he is ready and willing to abide by the order that may be passed, the impugned order has been passed. It is submitted that as such there is a calculation of penalty on the file also.