M/s Peethambara Granite Gwalior Vs. State of Madhya Pradesh

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 19958 of 2020, Judgment Date: Dec 22, 2020

Law Laid Down:-

(i) The object behind the power of suspension is to arrest and prevent the ongoing illegality/irregularity/misconduct from adversely affecting the pending enquiry initiated to ascertain the veracity of default.

(ii) This object would be defeated if suspension is preceded by following of principle of audi alterm partem.

(iii) Therefore the requirement of following principle of audi aalterm partem is abhorrent to the exercise of power of suspension.

(iv) The expression “by issuing show cause notice” found in Rule 53(7) of M.P. Minor Mineral Rules, 1996 does not mean that suspension is to be preceded by following of principle of audi alterm partem but the object of the Rule would stand satisfied if the order of suspension itself contains recital informing the defaulter/lease holder the reason for suspending quarrying operations.

M/s Peethambara Granite Gwalior Vs. State of Madhya Pradesh