V.N. Nawabali, v. the State of Tamil Nadu
Case brief
What is this about?
The Bengaluru Bench of the Madras High Court dismissed a writ petition challenging show cause notices and seeking regularization of service. Relying on Supreme Court precedents, the bench held that once explanations are submitted, the remedy under Article 226 is not maintainable, and the disputing authority must decide on the merits.
What did the court decide?
Writ Petition dismissed; Connected miscellaneous petitions dismissed; No costs; Respondent II directed to pass orders within two months.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10252 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 V.N.Nawabali, Office Assistant : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by Secretary to Government, Backward Classes, Most Backward Classes and Minorities Welfare (S2) Department, Secretariat, Chennai-600 009.
2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
3.The Executive Officer, Fazilsha Aulia Thaikka, Kottar, Nagercoil, Kanyakumari District.
: Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent in connection with the impugned show cause notices issued by him in his proceedings in Rc.No.14120/E1/2000, dated 27.01.2010 and Rc.No.14120/E1/2000, dated 09.02.2011 and quash the both as illegal and arbitrary and consequently, direct the first and second respondents to treat the petitioner's service as regular Wakf Board employee with effect from his initial appointment i.e., on 08.06.1999 and pay all service and monetary benefits.
Issues for consideration
2 issues framed by the court
Whether a writ petition challenging the correctness of show cause notices is maintainable under Article 226 when detailed explanations have already been submitted.
Whether the High Court can interfere with show cause notices issued to a government servant under a statutory provision calling upon him to show cause.
Parties & counsel
- petitioner
V.N. Nawabali
- respondent
The State of Tamil Nadu
- respondent
The Chief Executive Officer, Tamil Nadu Wakf Board
- respondent
The Executive Officer, Fazilsha Aulia Thaikka
Coram
Case details
As recorded by the court registry
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