1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.451 OF 2008 Smt.Rajeevi Vithal Shetty. ..Petitioner. V/s. The Commissioner of Police, for Greter Mumbai, (Hotel Branch), Mumbai & Ors. ..Respondents. Mr.S.K.Shinde a/w. Sagar Kasar for petitioner. Ms.Smita Gaidhani, AGP for respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 26, 2008. DATE : FEBRUARY 26, 2008. DATE : FEBRUARY 26, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. I see no infirmity in the view taken by the authorities below. The first contention raised on behalf of the Petitioner is that the Authorities have referred to stale cases to proceed against the Petitioner. Indeed, the show-cause notice refers to nine cases pertaining to period August, 2000 to April, 2004. However, on going through the Order, as passed by the two authorities below, it is obvious that that is not the only consideration which weighed with the authority. The Authorities below have taken action against the Petitioner also because the Petitioner has violated the condition of license. Those cases 2 are referred to only to indicate the background and antecedents of the Petitioner. The authorities below have eventually found that the Petitioner has committed breach of rules 7A, 8(1) and 8(2) and license condition rule 21(A). 2. In so far as findings reached by the authorities below in respect of violation of rule 8(1) and 8(2) is concerned, that is not in issue at all. Petitioner candidly accepts that the Petitioner had not taken prior permission before allowing the third person to conduct restaurant on the basis of license issued in favour of the Petitioner. It cannot be disputed that the license is non-transferrable license and clearly obligates the license holder to take prior permission allowing any third person to conduct business in any capacity, much less as manager. In my opinion, the finding so recorded by the two authorities below is unexceptionable and that this is a good ground for upholding the ultimate order passed by the authorities. 3. Indeed, the Counsel for the Petitioner vehemently argued that the enquiry conducted before the authorities below suffers from the vice of 3 principle of natural justice; as the relevant material which were relied on by the Authorities were not furnished to the Petitioner inspite of repeated demand. Even this argument will be of no avail to the Petitioner, having regard to the fact that the Petitioner has not disputed the charge that the Petitioner permitted third party to conduct the restaurant business without taking prior permission of the appropriate authority. In my opinion, the ultimate conclusion reached by the Revisional Authority atleast to the extent of violation of Rule 8(1) and 8(2) deserves no interference. In which case, the Petition should fail. 4. Counsel for the Petitioner would lastly argue that the order requiring the suspension of license for a period of 60 days is disproportionate and excessive. The argument clearly overlooks that the original notice issued by the Authority was for cancellation of license. Instead, the Authority has shown indulgence by only suspending the license for a period of 60 days. The Authorities have taken into account the fact that even in the past the Petitioner’s license was required to be suspended for similar violation of license condition and the rules of 1953. Keeping that fact in mind, it cannot be 4 said that the action against the Petitioner ordering suspension of license is excessive. This is so because inspite of past indulgence, the Petitioner has refused to show any improvement. The authorities were justified in suspending the license for a period of 60 days. 5. In my opinion, no fault can be found with the view taken by the authorities below. Petition is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)