LAWS(BOM)-2018-3-234

FRANCON S MARINE ACADEMY Vs. DIRECTOR GENERAL OF SHIPPING, THROUGH DIRECTOR GENERAL OF SHIPPING, GOVERNMENT OF INDIA

Decided On March 14, 2018
Francon S Marine Academy Appellant
V/S
Director General Of Shipping, Through Director General Of Shipping, Government Of India Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Learned Counsel for the Respondents waives service.

(2.) The Petitioner is challenging the Order passed on 9 January 2018 by the Respondent no. 2-Assistant Director General of Shipping. The Petitioner had earlier filed a Writ Petition no. 1107 of 2017. The Writ Petition was disposed of on 20 December 2017 directing the Respondent no. 1-Director General of Shipping to decide the representation of the Petitioner. Thereafter, the representation of the Petitioner was considered and an order was passed by Respondent no. 2-Assistant Director General of Shipping on 9 January 2018, which is impugned in this Petition.

(3.) The learned Counsel for the Petitioner submitted that in the order dated 20 December 2017 this Court had directed that the Respondent no. 1-Director General of Shipping shall give hearing to the Petitioner, however, the Engineer & Ship Surveyor-cum-Dy. Director General (Technical), gave hearing to the Petitioner and thereafter the order has been passed by the Assistant Director General of Shipping. It was submitted that this course of action is completely in contravention of the order dated 20 December 2017. Learned Counsel for the Petitioner submitted that the order dated 20 December 2017 be set aside and the matter be sent to the Director General of Shipping and the Director General of Shipping should give hearing to the Petitioner and pass the order.