: 1 : wp.9341.2010.sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9341 OF 2010 Abdul Rashid Mohammed (M/s.Hotel Star Night) ... Petitioner V/s. The Commissioner of Police Greater Mumbai & anr. ... Respondents Ms.Veena Thadani for Petitioner Ms.P.S. Cardozo, AGP, for Respondent Nos.1 & 2 CORAM: S.C.DHARMADHIKARI, J. DATE: JUNE 9, 2011. P.C.: 1. This is a case of suspension of the licences granted under the Bombay Police Act, 1951 for conducting an eating house and for permit room so also having performances therein. 2. One of the allegations in the show-cause notice based upon which the cancellation is effected is that on a raid being conducted at the establishment on 26.12.2008 at about 01.10 hrs, past midnight, it was found that about nine ladies were conducting themselves in an indecent and vulgar manner. Reliance is laced upon the police station diary entry and the panchanama to support this conclusion which has been arrived at in the impugned order. : 2 : wp.9341.2010.sxw 3. The contention raised before me by Ms.Thadani in support of her submissions is that the law has been making a distinction inasmuch as the cancellation and suspension for breach of violation of terms and conditions of the licences is permissible, but, when such breach and violation is interlinked with an act which is the subject matter of a pending criminal case, then, the licence cannot be suspended or cancelled. In other words, if the incident is made subject matter of a show-cause notice to cancel or suspend the licence and at the same time a criminal case is also filed then till the pendency of the criminal case that incident cannot be made a foundation of the impugned action. That apart, she submits that assuming this is permissible in law, yet, in this case what has been held is that the ladies, nine in number, were working as women waitresses. However, these ladies were not employees of the petitioner establishment. If these ladies are found at the establishment beyond stipulated hours and which act or incident is subject matter of a pending criminal case then that would not have in any event be made a ground for suspension of the licence. 4. With the assistance of the learned Counsel appearing for the petitioner and the learned AGP, I have carefully perused the order which suspends the petitioner's licence for 15 days. That order passed by the licensing authority and confirmed by the appellate authority specifically holds that the suspension is effected for violation of rule 8(1) and 8(2) of the applicable rules. The licensing authority has not adverted to the aspects that have been highlighted before me by Ms.Cardozo and which are also pointed out on the affidavit filed : 3 : wp.9341.2010.sxw in this petition in Court. If indeed the suspension was permissible for violation of the terms and conditions of the licence which mandates strict adherence to the provisions of Bombay Shops and Establishments Act, 1948 and also require maintainance of law and order so also avoiding indecent and vulgar acts by anybody concerned with the establishment, then, that should have been properly spelt out and cogent reasons ought to have been assigned to support such conclusion. If the allegations in the show cause notice are perused in the light of the conclusions drawn, then, the suspension is effected not on this ground but for violation of Rule 8(1) and (2) of the Rules. Now, the action is supported on other grounds. Therefore there is no alternative but to quash and set aside both the orders which are impugned in this petition. 5. However, the show-cause notice issued to the petitioner stands and now the petitioner should appear before the Deputy Police Commissioner, Licensing Authority, Greater Bombay who shall permit the petitioner or their advocate to inspect the record and take copies of documents which are relevant insofar as allegations in the show-notice. He shall thereafter hear the petitioner and pass a fresh order without being influenced by any of the findings and conclusions rendered earlier. The Licensing Authority shall take into account the facts and circumstances available on record and pass a reasoned order. All this be done by him within a period of six weeks from the receipt of a copy of this order. : 4 : wp.9341.2010.sxw 6. Petition is allowed in the above terms. All contentions of both sides are kept open and no opinion is expressed thereon. (S.C.DHARMADHIKARI, J.)