Ganesh Goods Transport Company Thrugh Proprietor Ajay Gulabrao Pawar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11219 OF 2018 Ganesh Goods Transport Company Through its Proprietor Ajay s/o Gulabrao Pawar Age 46 years, occ. business r/o 29, Sahakar Nagar, Aurangabad Dist. Aurnagabad.

Petitioner

Versus

1.

The State of Maharashtra Through its Principal Secretary Food and Civil Supplies Department, Mantralaya, Mumbai 2.

The Collector, Aurangabad, Dist. Aurangabad 3.

District Supply Officer, Aurangabad Dist.Aurangabaed.

Respondents Mr. R.N. Dhorde, Senior Counsel instructed by Mr. V.R. Dhorde, advocate for petitioner.

Mr. S.G. Karlekar, AGP for Respondents.

CORAM : R.M.BORDE & MANGESH S. PATIL, JJ.

DATE : 10th October, 2018 JUDGMENT : ( Per R.M. Borde, J.) 1.

Rule. Rule made returnable forthwith.

2.

Heard finally at admission stage with the consent of learned counsel for the respective parties.

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Petitioner has been directed to pay sum of Rs. 16,40,000/- on account of lapse quota in respect of food grains and the amount is stated to be 10% of the actual loss accrued to respondents on account of alleged negligent act on the part of petitioner. 4.

The only question that arises for consideration is permissibility to pass such order directing imposition of penalty without adhering to the principles of natural justice. It has not been controverted that the order dated 11.09.2018, which is a penal consequence, has been issued without holding proper enquiry and in the absence of there being any notice to the petitioner or any reply on behalf of petitioner to the allegations levelled in that behalf. Since the order has been issued in breach of the principles of natural justice, the same deserves to be quashed and set aside and the same is accordingly quashed and set aside.

5.

It would however be open for the respondents to take out appropriate proceeding and pass appropriate order in observance of principles of natural justice and the petitioner would have liberty to take appropriate steps in the event of passing of any adverse order against it. Rule is accordingly made absolute. There shall be no order as to costs.

MANGESH S. PATIL R.M.BORDE JUDGE JUDGE dyb