R.S. Chauhan, J. - (1.) The petitioner is aggrieved by the order 26.11.2009 passed by Judicial Magistrate, First Class, Udaipurwati, District Jhunjhunu, whereby the learned Magistrate has directed that a direction should be issued to the Superintendent of Police, District Jhunjhunu for initiating a departmental inquiry against the petitioner and for ensuring that the result of the investigation is produced immediately before the Court.
(2.) Mr. Lokesh Sharma, the learned counsel for the petitioner, has contended that the said direction has been issued without first issuing a show-cause notice to the petitioner. In fact, certain observations have been made and strictures have been passed against the petitioner without affording him an opportunity of hearing. Therefore, the impugned order has been passed in utter violation of principles of natural justice.
(3.) The learned Public prosecutor has frankly conceded, and in the opinion of this Court rightly so, that there is nothing on record to show that a notice was issued to the petitioner prior to passing of the impugned order dated 26.11.2009.;