The High Court dismissed a writ petition challenged against a show-cause notice under the Prevention of Corruption Act. The Court held that writ jurisdiction should not ordinarily be exercised to quash such notices before an enquiry is concluded.
Petitioner directed to submit explanation to the notice; Writ Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2015
CORAM:
THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN
Writ Petition No.12375 of 2015 and
M.P.Nos.1 and 2 of 2015
A.Govindaraj ... Petitioner
vs.
1.The Director,
Vigilance and Anti Corruption,
Chennai.
2.P.Raja ... Respondents
Writ Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorari, to call for the records in pertaining to the letter issued by the 2nd respondent vide DE S4/2012/POL/SIC on 28.05.2014 and quash the same.
For Petitioner : Mr.R.V.Venkatesan For Respondents : Mr.V.Jayaprakash Narayanan Spl.Govt.Pleader for R1 O R D E R
The petitioner is an Inspector of Police. He was issued with notice dated 28.05.2014 to appear for an enquiry relating to possession of dis-proportionate assets. Instead of submitting his explanation to the said notice, the petitioner has come up with this writ petition.
"13. It is well settled by a series of decisions of this Court that ordinarily no writ lies against a charge sheet or show-cause notice vide Executive https://hcservices.ecourts.gov.in/hcservices/ Engineer, Bihar State Housing Board v. Ramesh Kumar
Singh, Special Director v. Mohd.Ghulam Ghouse, Ulagappa v. Divisional Commr., Mysore, State of U.P. V. Brahm Datt Sharma etc.
Sd/Deputy Registrar (Judicial)
/true copy/
Sub Asst. Registrar
To
The Director Vigilance and Anti Corruption Chennai
1 cc to Government pleader, Sr. 22895
W.P.No.12375 of 2015
TEJ (CO)
kk 20/5
1 issue framed by the court
Whether a writ of certiorari lies against a show-cause notice issued for an internal departmental enquiry regarding possession of disproportionate assets.
Colour shows how this judgement treated each authority
Union of India vs. Kunisetty SatyanarayanaReferred¶13
Union of India vs. Kunisetty Satyanarayana reported in (2006) 12 SCC 28 · Who else cites this
4 provisions across 3 enactments
A.Govindaraj
The Director, Vigilance and Anti Corruption, Chennai
P.Raja
D.HARIPARANTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
D.HARIPARANTHAMAN
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