- (1.) Heard. Rule made returnable forthwith.
(2.) The challenge is to the order passed by the respondents, by which, the petitioner is externed for two years from the jurisdiction of the Police Station, Khamgaon (City); Police Station, Khamgaon (Rural); Police Station, Hiwarkhed; Police Station, Pimpalgaon Raja; Police Station, Jalamb and Police Station, Shegaon. The submission on behalf of the petitioner is that show cause notice had referred only three prosecutions, however, the impugned order shows that the authority has taken into consideration five prosecutions and additional two prosecutions which were not referred to in the show cause notice are considered. The petitioner has further submitted that the order of externment is excessive in nature as it externed the petitioner from the jurisdiction of seven police stations. Shri Mirza, learned APP has supported the impugned order and has submitted that apart from the material placed on record of the writ petition, in camera statements were recorded which showed that witnesses were not coming forward to depose against the petitioner. We find that in camera statements are not considered by the authority while passing the impugned order. We further find that the effect of the pendency of the two additional cases against the petitioner was also not referred to in the show cause notice. Therefore, the impugned order is not sustainable and has to be quashed. However, looking to the facts of the case, we are of the view that the matter has to be remitted to the authority for consideration of the facts in the right perspective. Therefore, the following order. Order i) The impugned order is quashed. ii) The matter is remitted to the respondent No. 1 for fresh decision. The respondents to give hearing to the applicant and take decision according to law after considering the material on record. iii) The applicant is at liberty to file fresh submissions before the authority within four weeks. The authority to take decision within three months from today. iv) The application is accordingly disposed of. In the circumstances parties to bear their own costs.;