SSK/934 1 WP/7381.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7381 OF 2011 Jitendra Madhu Shetty ....Petitioner Versus The Commissioner of Police & Ors. ...Respondents Mr. Vishal Thadani, Advocate for the petitioner. Ms. P. S. Cardozo, AGP for the respondents. CORAM : RANJIT MORE, J. DATED : 12th SEPTEMBER, 2011. P.C.: Heard Mr. Thadani, learned counsel for the petitioner and Ms.Cardozo, learned AGP for the respondents. 2. Respondent No.1 by Order dated 19th February, 2011 suspended Public Entertainment License in respect of the petitioner’s establishment i.e. M/s. Hotel Aakarshan for a period of 15 days. This order is confirmed in an appeal by respondent no.2, and therefore, the present writ petition. The license is suspended under the provisions of Section 162(2) of the Mumbai Police Act, 1951 read with Rule 27 of the Rules for Licensing and Controlling Places of Public Entertainment 1953 (for short “the said Rules). Under Rule 24 of the said Rules, every person keeping a place of public entertainment shall conduct his or her SSK/934 2 WP/7381.11 occupation of business in such place in orderly manner. On 15th October, 2008, the employees employed by the petitioner in his establishment assaulted two customers. It is true that the criminal proceedings are pending against the petitioner’s employees who have assaulted these two customers. However, the fact remains that there is a breach of provisions of Rule 24 of the said Rules. The criminal action for the acts committed by the petitioner’s employees and action against the petitioner for breach of the said Rules are two different things. The petitioner was served with notice, and thereafter was also heard by respondent no.1. The principles of natural justice are thus followed. Taking into consideration, the breach and the period of suspension, I am not inclined to interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The Petition is, therefore, dismissed. (RANJIT MORE, J.)