Padma Narsima Kokarne vs Commissioner Of Police And Anr.
2003 Latest Caselaw 685 Bom

JUDGMENT

R.M.S. Khandeparkar, J.

1. Heard. Rule. By consent, the Rule is made returnable forthwith.

2. The petitioner challenges the order dated 2-5-2002 having been passed without giving the opportunity of being heard to the petitioner after the adjournment of the hearing on 14-2-2002.

3. The facts which are not in dispute are that the matter was fixed for hearing before the lower Appellate Authority on 14-2-2002. On the said date, the petitioner's Advocate prayed for adjournment of the hearing which request was not rejected by the lower Appellate Authority. The fact that on 14-2-2002 the petitioner had sought adjournment was recorded by the petitioner under letter dated 15-2-2002 which reads thus:--

"This is to record that hearing of the above appeal was fixed for 14-2-2002 at 11 a.m. when I attended your office and requested you to kindly adjourn the hearing to any other convenient date and your honour was pleased to allow my application.

You are requested to kindly give a fresh date for hearing."

Inspite of the said adjournment and confirmation of the said fact by the petitioner, by the said letter addressed to the lower Appellate Authority, the latter by order dated 2-5-2002, observing that there was direction by the High Court for disposal of the matter within four weeks, disposed of the entire appeal on the basis of perusal of the records before the Appellate Authority. Apparently, therefore, no opportunity was given to the petitioner of being heard in the matter. The appeal being against the order of cancellation of the licence by the Commissioner of Police, naturally the order has civil consequences and, therefore, it was necessary for the Appellate Authority to hear the petitioner before passing any order on the appeal filed by the petitioner. In the circumstances, therefore, the impugned order which has been passed without hearing the petitioner, cannot be sustained and is liable to be set aside and the matter remanded to the Appellate Authority to decide the same afresh after hearing the petitioner. It is made clear to the petitioner that once the date is fixed by the Appellate Authority, the petitioner would not be entitled to seek adjournment thereof under any circumstances and will have to make necessary arrangement for securing the attendance of her Advocate for such hearing. With these observations, the impugned order is remanded to the Appellate Authority to decide the appeal afresh within a period of eight weeks from the date of receipt of this order. Meanwhile, the interim order passed on 14-2-2002 to continue till the disposal of the appeal and in case the order of the Appellate Authority is adverse to the petitioner, for a further period of four weeks from the date of communication of the order to the petitioner.

All concerned to act on the ordinary copy of this order duly authenticated by the Associate/P.S. of this Court as true copy.