GANESH MURGESH BAJANTRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard fnally with the consent of the parties.

(2.) By this Petition under Article 226 of the Constitution of India the petitioner is challenging the order dated October 18, 2019 passed by the respondent No.2 - Deputy Commissioner of Police, Zone - VII, Mulund (West), Mumbai, externing the petitioner under Section 56 (1) (a) and (b) of the Mumbai Police Act, 1951 (hereinafter referred to as 'the said Act ' for short). The petitioner also challenges the order dated December 2, 2019 passed by the appellate authority i.e. respondent No.3 - Division Commissioner, Konkan Division, Mumbai, confrming the order of externment.

(3.) The Senior Inspector of Police, Mulund Police Station, initiated action for externing the petitioner. On a proposal submitted to the respondent No.2 - Externing Authority, a show cause notice came to be issued to the petitioner on August 7, 2019 under Section 59 of the said Act. The petitioner replied to the said notice vide his reply dated October 17, 2019. By an order dated October 18, 2019, impugned in this Petition, the respondent No. 2 passed an order externing the petitioner from the areas of Mumbai, Mumbai Suburban Districts and Thane District.