This is a writ petition challenging a show cause notice and cancellation of regularisation regarding employment. The Court held that adjudication on merits is for the competent authority and dismissed the petition, deeming interim relief undesirable.
Writ petition stands dismissed. No order as to costs. Connected miscellaneous petitions closed.
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 : 04.08.2017
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WRIT PETITION No. 10471 of 2015
Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Notification issued in Naka.No.A8/1951/2015 dated 10.03.2015 by the third respondent and quash the same and to issue consequential direction to the third respondent to regulate the petitioner's appointment.
The show cause notice Na.Ka.No.A8/1951/2015 dated 10th March 2015 is under challenge in this writ petition.
Administrative Reforms Department, dated 14.10.2009 and G.O.Ms. No.55, (Personnel and Administrative Reforms Department), dated 08.04.2010 had not been followed. Thus, the Assistant Director has cancelled the regularisation granted holding that there was an irregularity while ordering for regularisation. Consequent to the cancellation of regularisation order in proceedings dated 9th March 2015, a show cause notice was issued to the writ petitioner in notice dated 10th March 2015. On receipt of the notice the writ petitioner submitted his explanation on 19th March 2015. At this stage, the present writ petition was moved challenging both the cancellation of regularisation as well as the show cause notice.
absolutely undesirable. The Court has to allow the competent authority to take a decision in accordance with law. Intermediate intervention has to be exercised cautiously and cannot be done in a routine manner. Judicial review against the show cause notice under Article 226 of the Constitution of India is certainly limited.
-s/dAssistant Registrar(CS-J) True Copy Sub-Assistant Registrar maya To 1. The Additional Director of Survey & Land Records, Survey House, Chepauk, Chennai – 600 005. 2. The Regional Deputy Director of Survey & Land Records, Coimbatore. 3. The Assistant Director of Survey & Land Records, Coimbatore.
W.P.No.10471 of 2015
SP(28/08/2017)
2 issues framed by the court
Whether this Court can adjudicate the merits of a show cause notice before the competent authority has considered the explanation submitted by the petitioner.
Whether the writ petitioner can continue in service by obtaining an interim order before the final decision on the cancellation of regularisation.
Petitioner
Assistant Director of District Employment Office, Coimbatore
Assistant Director of Survey & Land Records, Coimbatore
Regional Deputy Director of Survey & Land Records, Coimbatore
Additional Director of Survey & Land Records, Survey House, Chepauk, Chennai
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
