PABBAR BECHU Vs. MUMBAI PORT TRUST

JUDGEMENT

(1.) RULE. Mr. Chandrachud for the respondents waives service. By consent, petition is taken up for final hearing.

(2.) THE petitioner is an employee of respondent No. 1 Mumbai Port Trust. He has challenged the order passed by the port Trust directing cancellation of the allotment of residential quarters in his favour. The main grievance of the petitioner is that the impugned order has been passed in total violation of the principles of natural justice. Mr. Chandrachud appearing for the Port Trust fairly conceded that the impugned order was passed without giving an opportunity of hearing to the petitioner. He also conceded that the show cause notice does not contain all the particulars and is rather vague. He has no objection to set aside the impugned order without prejudice to the Port Trust's rights to take action against the petitioner in case it is found that he has unauthorisedly inducted thired parties in the quarter allotted to him. The impugned order dated 9th September, 1996 is accordingly quashed and set aside. Needles to say that it is open for the Port Trust to initiate action against the petitioner in accordance with law. In case any adverse order is passed against the petitioner, same shall not be implemented for a period of four weeks from the date of its service on the petitioner. Rule is made absolute accordingly with no order as to costs.