24.crwp-1818-11.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1818 OF 2011 Shri. Manoj Mahadev Salunkhe ..Petitioner Vs. The State of Maharashtra and Ors. ..Respondents Shri. Rahul Kadam with Chetan Bhutada for petitioner Shri. S.S.Pednekar Additional Public Prosecutor for the State CORAM : B.R.GAVAI, J. DATE : 11th AUGUST, 2011. P.C.: 1. Dr. Dnyaneshwar Chavan, the Deputy Commissioner of Police was directed to remain present in this Court since it was noticed that the orders passed by him in the matter of externment were passed in blatant disregard of principles of natural justice and with total non application of mind. It was further noticed that inspite of the earlier order being quashed and the copy of the order of this Court forwarded to him, he continues to pass the orders in the same fashion. 2. In response to the notice issued by this Court, Dr. Dnyaneshwar Chavan, Deputy Commissioner of Police appeared before the Court. 1 24.crwp-1818-11.doc 3. When the authority is vested with quasi judicial powers, it is expected that the said authority exercises said powers cautiously particularly when the matter pertaining to the liberty of the citizens is involved and authority cannot be expected to act in a casual manner. In so far as the present officer is concerned, it is noticed that in many cases the orders of externment were passed on the very same day on which the show cause notices were issued. In some other matters, it was noticed that he had used material against some other person for externment of the some other persons. This cannot be permitted in law. 4. Dr. Dnyaneshwar Chavan now assures the Court that henceforth such instances will not happen and he will exercise the powers with caution while passing quasi judicial powers. 5. In this view of the matter, notice issued to Dr. Dnyaneshwar Chavan therefore, stands discharged accepting the statement made by him. 6. In so far as the merits of the present petition are concerned, a perusal of the show cause notice would reveal that same is passed on 3rd March, 2011 whereas the show cause notice is served on the petitioner on the very same day. The principles of natural justice require that at least 2 24.crwp-1818-11.doc some time ought to have been given to the petitioner to reply to the show cause notice. 7. The petition therefore, deserves to be allowed on the short ground of non-adherence to the principles of natural justice. Rule is, therefore, made absolute in terms of prayer clause ( C ). [ B.R.GAVAI, J. ] 3