AMOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally, by consent of learned counsel for the petitioner and learned APP for the respondent-State.

(2.) It is seen that a Show Cause Notice was issued to the petitioner on 29/5/2022, thereby the petitioner was called upon to show cause as to why action be not taken against him for committing breach of the conditions on which he was granted parole, within seven days of the receipt of the notice. There is nothing on record which shows that the Show Cause Notice was indeed received by the petitioner on 29/5/2022, although it is not in dispute that the show cause notice was received by the petitioner some time in last week of May 2022. Assuming that the show cause notice was indeed received by the petitioner on 29/5/2022, the period of seven days would expire on 4/6/2022. That means, no penal order before expiry of the period of seven days could have been passed by the Jail Superintendent. But, the impugned order, imposing penalty of forfeiture of cash surety of Rs.15,000.00 upon the petitioner, has been passed before expiry of period of notice, that is, on 2/6/2022.

(3.) This shows that there was arbitrariness on the part of the Jail Superintendent in not even allowing the petitioner to exhaust the time given to him for filing of his reply in the matter. Such an order is anathema to the principle of reasonableness running through Articles 14 and 21 of the Constitution of India like one single thread. The impugned order, therefore, must go. Accordingly, we pass the following order :-