Ilyas Iqbal Memon vs Union Of India Through Senior ...
2024 Latest Caselaw 3224 Bom

Bombay High Court

Ilyas Iqbal Memon vs Union Of India Through Senior ... on 2 February, 2024

Author: Vibha Kankanwadi

Bench: Vibha Kankanwadi

2024:BHC-AUG:2275-DB


                                                 1               908-wp 1325-2024.odt



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   WRIT PETITION NO. 1325 OF 2024

                Ilyas Iqbal Memon                                           .. Petitioner
                       Versus
                Union of India
                Through Senior Divisional Commercial Manager                .. Respondent

                Mr. G. D. Jain, Advocate for the Petitioner.
                Mr. A. G. Talhar, DSGI for Respondent.

                                          CORAM :        SMT. VIBHA KANKANWADI AND
                                                         S. G. CHAPALGAONKAR, JJ.

                                          DATE       :   02nd FEBRUARY, 2024.

                PER COURT :-

                .      The present petition is in fact the second round of litigation. The

petitioner had approached this Court by filing Writ Petition No.

1665/2023 with companion matters which came to be decided by this

Court on 27.02.2023 wherein, the respondent authority was directed to

take decision on the petitioner's representation dated 09.01.2023. It

was observed that the said order was without following principles of

natural justice. It appears that, thereafter, show cause notice was

issued to the petitioner and he had filed say and thereafter the

impugned order dated 18.07.2023 came to be passed.

2. It is now contended in the petition that, no personal hearing was

given though this Court had observed that the principles of natural

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justice are required to be followed. The impugned judgment/order

though takes note of the say filed by the petitioner does not make a

mention in paragraph No. 8 that personal hearing was given to the

petitioner.

3. Under the said circumstance, we are directed learned DSGI to

take instructions thereupon. The written instructions have been given

by the concerned authority dated 01.02.2024. The same are taken on

record by marking Exh. A. The concerned authority is ready to give

personal hearing to the petitioner within fifteen (15) days. [

4. In view of the said statement the impugned order dated

18.07.2023 stands set aside. The writ petition is disposed of with

direction to the petitioner to appear before the concerned authority on

14.02.2024 or any further convenient day within one or two days to

the competent authority. Personal hearing be given to the petitioner

and thereafter, the competent authority to decide the said

representation dated 09.01.2023 which was in pursuant to Writ

Petition No. 1665/2023 together with the show cause notice dated

13.04.2023 and the same.

( S. G. CHAPALGAONKAR )                     ( SMT. VIBHA KANKANWADI)
         JUDGE                                         JUDGE


P.S.B.


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