1 13.wp7270.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7270 OF 2011 Shri Tirthdas B. Mansinghani Prop. of Hotel Sunshine Punjab ....Petitioner Vs. State of Maharashtra & ors. ....Respondents Mr. Pankaj Kansara, Advocate for Petitioner. Ms. P.S. Cardozo, AGP for Respondent No.1. CORAM:- GIRISH GODBOLE, J DATED:- NOVEMBER 22, 2011 P.C. 1. Heard Mr. Kansara, Advocate for the Petitioner and Ms. Cardozo, learned AGP for Respondent No. 1. Rule. Rule made returnable forthwith and heard by consent of the learned Advocate for Petitioner and AGP 2. By the impugned order passed by the Licencing Authority on 4/3/2011, the entertainment licence of the Petitioner has been suspended 2 13.wp7270.11 for 21 continuous days. The Appeal filed by the Petitioner has been dismissed. 3. Two submissions are advanced by Mr. Kansara. One is that the criminal cases which were filed on the face of the incidence of inspection dated 26/5/2009 and 23/8/2009 have resulted in acquittal. As far as this aspect is concerned, the Licencing Authority was justified in holding that the said acquittal will operate in a different field as it is settled law that parameters of proof in a criminal trial are different than in disciplinary proceedings under the Rules. Whereas a criminal trial will require an absolute and highest degree of proof, that may not be necessary in proceedings for suspension/cancellation of licence. Hence there is no merit in the first contention. 4. However, second contention of Mr. Kansara deserves acceptance. He has drawn my attention to the reply to the show cause notice in which the Petitioner has specifically demanded that the documents and report which were sought to be relied upon against the Petitioner should be furnished to him. From the perusal of the impugned orders, this does not appear to have been done. On this ground alone and not on merits, the impugned Judgment and Orders are quashed and set aside and the 3 13.wp7270.11 proceedings are remanded back to the Licencing Authority. Within one week from today, the Petitioner shall submit a list of documents which she desires. Within one week thereafter, the Licencing Authority shall furnish the documents to the Petitioner, if available. With one week thereafter the Petitioner will be at liberty to file a supplementary/additional reply. Within 2 weeks thereafter the Licencing Authority will give a fresh opportunity of hearing to the Petitioner and thereupon pass appropriate orders in accordance with law and on the basis of the material on record, copies of which has been supplied to the Petitioner. The Writ Petition therefore partly succeeds with aforesaid directions. Rule is made partly absolute. 5. It is made clear that the show cause notice is not set aside and the entire proceedings are to be heard and decided on the basis of the same show cause notice. In case there are any instances after earlier show cause notice, the concerned Authority can also issue a supplementary show cause notice to the Petitioner within one week from today alongwith all the documents which are available on the basis of which such supplementary show cause notice is to be served and, the Petitioner will file reply to the Supplementary show cause notice within one week 4 13.wp7270.11 thereafter. All the proceedings are to be concluded in all respects within a period of 6 weeks from today. (GIRISH GODBOLE, J)