1 wp1726.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 1726 of 2011 Mr. Vicky Premsing Bist ...Petitioner v/s. State of Maharashtra & ors. ...Respondents Mr. Rahul S. Kadam for the petitioner. Mr. A.S. Shitole-APP for the State. CORAM: B.R. GAVAI, J. 4th July, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By way of present petition, the petitioner challenges the order dated 6th June, 2011 passed by the respondent no.2 thereby dismissing the appeal filed by the present petitioner and the order dated 29th June, 2011 passed by the respondent no.3 thereby externing the petitioner from the area of Pune Police Commissioner as well as Pune District for a period of one year and six months. 3. From the perusal of order dated 29th January, 2011 it would reveal that though the show-cause notice is dated 8th June, 2010... the same is served on the petitioner on 29th January, 2011. It is thus clear that order of externment is passed on the very same day on which the show-cause notice is issued to the petitioner. 4. In order to get a sufficient opportunity to reply the allegations made in 2 wp1726.11.sxw the show-cause notice, atleast sometime was required to be given to the petitioner. Serving the show-cause notice and passing the order on the same day, in my view, is patently in breach of principles of natural justice. 5. The petition, therefore, deserves to be allowed on the very short ground. Rule is, therefore, made absolute in terms of prayer clause (a). 6. It appears that this glaring aspect has also not been considered by the Appellate Authority and Appellate Authority in a totally mechanical manner has dismissed the appeal. 7. It appears from the various petitions filed before this Court that the Appellate Authorities enjoined with the powers under Section 60 of the Bombay Police Act are passing orders in a mechanical manner. It appears that Appellate Authorities exercising the powers are under an impression that they have powers only to dismiss the appeals and not to allow any appeal. 8. The copy of this order be forwarded to the Authorities who have passed the original order and the Appellate order. (B.R. GAVAI, J)