GIRJASHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution. The petitioner has averred that on 14-10-1985, he came to know that an order of externment was passed against him. The petitioner contends that he was not given any notice to show cause before the order of externment was passed. In the return, it is stated that as the petitioner was absconding, a notice was affixed on 10-10-1985 to the outer part of the house of the petitioner, calling upon the petitioner to show cause why he should not be externed; that the petitioner was directed to submit his reply on 14-10-1985 and that as the petitioner did not appear on 14-10-1985, the Additional District Magistrate, Indore, passed an order on 14-10-1985 under S.12 of the M.P. Rajya Suraksha Tatha Lok Vyavastha Adhiniyam, 1981 (hereinafter referred to as 'the Act').

(2.) The learned counsel for the petitioner contended that the petitioner was not given any reasonable opportunity of tendering an explanation regarding the allegations on the basis of which an order under S.12 of the Act was proposed to be passed by the Additional District Magistrate. It was urged that no notice was served on the petitioner; that he was not absconding and that it was only on 14-10-1985 that the petitioner came to know about the order of externment.

(3.) Having heard learned counsel for the parties we have come to the conclusion that this petition deserves to be allowed. It has not been disputed and it could not be disputed that before passing an order under S.12 of the Act against any person, that person should be informed in writing as required by S.15(1) of the Act, the general nature of the material allegations against him and should be given a reasonable opportunity to tender an explanation in that behalf. The short question for consideration is whether in the instant case, the provisions of S.15(1) of the Act were complied with, before passing an order under S.12 of the Act.