GANU Vs. M V CHITALE

JUDGEMENT

(1.) This writ petition must succeed only on the short ground that the authority which has passed the externment order has taken into account extraneous circumstances and the material which were not the subject matter of the show cause notice dt. 6-11-1985.

(2.) The petitioner is an externee who has filed this writ petition challenging the externment order dt. 29-4-86 Ex. 'B' which has been confirmed by the appellate authority vide its order dt. 28-7-86. The show cause notice at Exh. 'A' states :

(3.) Mr. Chitnis is right in submission that the petitioner was never called upon to give his explanation save and except in respect of these four criminal cases which are filed and pending against him. Mr. Chitnis drew our attention to the return filed on behalf of the 1st respondent and in particular he pointed out to us the averments contained in para 3. The material averments are to the following effect :