AJIJ BABU KHAN PATHAN Vs. STATE OF MAHARASHTRA THROUGH ITS SECRETARY, HOME DEPARTMENT, MANTRALAYA, MUMBAI- 32

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. Learned A.P.P. waives service for all the respondents. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) The petitioner is impugning the order passed by the respondent no.3 dated 10.08.2017 directing his externment in exercise of the powers vested in him under Section 56 (1) (a) and Section 56 (1) (b) of the Maharashtra Police Act, as well as dismissal of the appeal preferred by him under Section 60 of that Act by the Divisional Commissioner, Nashik Division on 29.05.2018.

(3.) A proposal was forwarded by the Police Inspector, Jalgaon City Police Station to extern the petitioner from Jalgaon, Dhule, Nashik and Buldhana districts for a period of two years pursuant to Section 56 (1) (b) of the Maharashtra Police Act, 1951. The Additional Superintendent of Police, Jalgaon by his letter dated 08.04.2017 approved the proposal and appointed Sub Divisional Police Officer, Jalgaon pursuant to Section 59 of the Act to conduct an inquiry. Accordingly the Sub-Divisional Police Officer, Jalgaon submitted a report on 22.05.2017 to the Sub-Divisional Magistrate, Jalgaon. A notice was served to the petitioner on 01.06.2017 to show cause as to why he should not be externed. He submitted his reply on 30.06.2017. After giving an opportunity of being heard to him, by the impugned order the learned Sub-Divisional Magistrate, Jalgaon directed the petitioner to be externed from Jalgaon and Dhule districts for a period of two years. Being aggrieved he preferred an appeal under Section 60 of that Act but failed to convince the Divisional Commissioner who dismissed his appeal. Hence this writ petition.