DHIRAJLAL MADHAVJIBHAI PATEL Vs. DIRECTOR

JUDGEMENT

(1.) Rule. Ms. Jyoti Bhat, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondent.

(2.) In this petition under Article 226 of the Constitution of India, challenge is to the show cause notice dated 31.07.2018 passed by the respondent No.1. The show cause notice states that and FIR under Section 65(E) and 81 of the Bombay Prohibition Act have been registered against the petitioners and the notice also considers certain other FIRs so lodged against the petitioners. According to the respondent, by virtue of the lodging of such FIRs, the petitioners have become liable to be removed under Section13(1) of the Gujarat Agricultural Produce Markets Act, 1963. Section 13 of the Act, reads as under:

(3.) Mr.Dipen Desai, learned counsel for the petitioners, while inviting my attention to Section 13 of the Act would submit that the show cause notice is without jurisdiction, inasmuch as, today there is no final decision holding the petitioners guilty, and only on the basis of such FIR the show cause notice has been issued. He would submit that Section 13(1) would apply when a member of the committee has been guilty of negligence or misconduct in discharge of his duties or of disgraceful conduct or has become incapable to perform his duty as a member. In the present case, only an FIR is filed and the petitioners are yet not proved guilty, and therefore, it cannot be said to be a disgraceful conduct.