SURENDRA JAISWAL Vs. STATE OF M. P.

JUDGEMENT

(1.) BY this petition under Art. 226 of the Constitution, the petitioner seeks to challenge externment order dtd. 11.11.91 passed by the Respondent -District Magistrate, Ratlam filed as Annexure T to the petition.

(2.) AN objection raised by the respondent that an alternative statutory remedy of appeal is available to the petitioner which he has admittedly not availed of and the petition is liable to be dismissed on this short ground alone. Learned counsel appearing for the petitioner, however, urged that the petition having been admitted for its final hearing it should be decided on merits rather than dismissing it on a technical ground. It is for this reason that the contentions advanced by the learned counsel are being dealt with, otherwise petition was liable to be dismissed. It was strenuously urged on behalf of the petitioner that a show cause notice dated 20.3.91 was preceded by a similar notice dated 3.3.90 issued u/s 15 of the M.P. Rajya Suraksha Adhiniyan 1980 and it was contended that proceedings on the basis of said notice dated 3.3.90 ought to have been continued rather than issuing a fresh notice Annexure 'G' under the new Act.