Writ petition filed against a show cause notice. The High Court disposed of the petition, directing a respondent authority to decide the notice within eight weeks and restraining coercive action pending such decision.
Direction to respondent no.2 to decide show cause notice within eight weeks; restraint on coercive action pending decision.
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Chief Justice's Court
Case :- WRIT - C No. - 238 of 2018
Petitioner :- Mick Kunda Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Subedar Mishra Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr Subedar Mishra, learned counsel for the petitioner and Mr Pawan Kumar Mishra, holding for Mr Pranjal Mehrotra, learned counsel for respondent nos.2 and 3.
This writ petition is directed against a show cause notice. Counsel for the petitioner submits that the petitioner has already submitted his reply to the show cause notice. He submits that the petitioner would be satisfied, if directions are issued to the concerned authority, to consider and decide the show cause notice within time frame.
The writ petition is, accordingly, disposed of, with the observation that respondent no.2 shall consider and decide the show cause notice after taking into consideration the petitioner's reply thereto, as expeditiously as possible and preferably within a period of eight weeks from today. The petitioner is directed to communicate this order to the concerned authority alongwith a copy of the writ petition and its annexures, within a period of two weeks from today. We hope and trust that the concerned authority shall not take any coercive action against the petitioner till the show cause notice is finally decided. We are making this observation on the basis of the submission made by counsel for the petitioner that the show cause notice is not finally decided as yet. We, therefore, further make it clear that if the show cause notice has already been decided, it is open to the concerned authority to take further steps in pursuance thereof.
Similarly, it would also be open to the petitioner to challenge the final order passed on the show cause notice, if he so desires and is advised.
Order Date :- 5.1.2018 RKK/-
(Dilip B Bhosale, CJ)
(Suneet Kumar, J)
Mick Kunda
State Of U.P.
Dilip B Bhosale
Suneet Kumar
As recorded by the court registry
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