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Judgment
T.K. Chandrashekhara Das, J.—This Petition is filed against the Order dated 7.9.191 passed by the 1st Respondent against the Petitioner u/s 56 of the Bombay Police Act, 1951 wherein the Petitioner was ordered to execute a Bond of Rs. 2000/-. This order was passed pursuant to a Show Cause Notice dated 26th December, 1990 issued by the 1st Respondent against the Petitioner calling upon him to show cause why he shall not be externed. The Petitioner offered his explanation. After hearing the Petitioner it appears that the 1st Respondent dropped the idea of externing the petitioner. Instead the Petitioner was asked to execute a Bond for Rs. 2000/- as per Order dated 7.9.1991.
An appeal was filed against this order before the 2nd Respondent which was also dismissed. It is in these circumstances that the Petitioner filed this Writ Petition challenging the aforesaid orders of the Respondents.
I heard the Counsel Mr. Marwadi, for Petitioner and Mrs. Usha Kejariwal, A.P.P., for Respondents. Admittedly the show cause notice contained the proposed punishment of externment. The Respondents have committed serious error in changing the proposed punishment on completion of the inquiry into one of the execution of bond mentioned above. In fact execution of bond for good behaviour is contemplated u/s 107 of Cr.P.C. An authority once proposing punishment cannot change to any other one, in the midway. Therefore, the punishment imposed by the Petitioner calling upon to execute a bond is illegal and liable to be set aside.
In the result the Petition is allowed and rule is made absolute in terms of prayer Clause (b).