PYARE FUKKI Vs. DISTRICT MAGISTRATE BHOPAL

JUDGEMENT

(1.) BY filing this petition under Article 226/227 of the Constitution of India the petitioner has challenged the order dated 31-10-2006 (Annexure P-1)passed by the District Magistrate, Bhopal exerting him from Bhopal and its contiguous districts for a period of one year with effect from 2-11-2006 and the order dated 5-2-2007 (Annexure P-2) passed by the Appellate Authority, commissioner, Bhopal whereby his appeal has been dismissed.

(2.) BRIEFLY stated, the first respondent District Magistrate, Bhopal exercising the powers under Section 8 of the Madhya Pradesh Rajya Suraksha adhiniyam, 1990 (for short 'adhiniyam') issued a notice dated 4-9-2006 (Annexure R-2) to the petitioner informing him the general nature of material allegations against him in regard to his removal under Section 5 (a) and (b) of the adhiniyam. As the petitioner did not submit reply and also after appearing through his Counsel on few dates remained absent the ex parte impugned order of externment was passed.

(3.) THOUGH various grounds have been raised to impugned the orders however, in order to ascertain the grounds raised by the petitioner that he has not been granted opportunity of hearing and that the impugned order has been passed in violation of Section 8 (1) of the Adhiniyam the original record from the office of District Magistrate was directed to be produced. In compliance the original records from the office of the District Magistrate has been produced and a perusal of the same indicates that after receipt of the report from the superintendent of Police, Bhopal on 19-5-2006, proceedings were registered and notices were issued to the In- charge Police Station, Tallaiya, Bhopal to record his statement and the statement of witnesses in respect of the report of the Superintendent of Police. On 10-7-2006 statement of two witnesses were recorded and the case was adjourned for recording statement of other witnesses. On 4-9-2006 statement of two more witnesses produced by the In-charge Police station, Tallaiya, Bhopal were recorded and a notice under Section 8 (1) of the adhiniyam was issued to the petitioner and he was directed to appear on 18-9-2006 and file reply. On 18-9-2006 the petitioner's Counsel appeared and sought time. Thereafter, the case was adjourned from time to time and on 31 -10-2006 the impugned ex parte order has been passed on the ground that the petitioner has not appeared in spite of opportunities being granted to him.