The court dismissed a writ petition challenging a Show Cause Notice as premature and not maintainable, since the petitioner had already filed a reply within the specified time and no order had been passed by the authority.
The writ petition was dismissed as being premature and not maintainable.
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116
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
-.-
CWP-5279-2021 (O&M) Date of decision : 05.03.2021
Satya Pal Singh
.....Petitioner
Vs.
State of Haryana and Others
.....Respondents
CORAM: HON'BLE MRS. JUSTICE ALKA SARIN
Present: Mr. Vivek Sheoran, Advocate for the petitioner.
ALKA SARIN, J. (ORAL)
Heard through video conferencing.
The grievance of the petitioner in the present case is against the Show Cause Notice dated 11.02.2021 (Annexure P-7) which has been prayed to be quashed.
The only argument raised by the learned counsel for the petitioner is that vide show cause notice dated 11.02.2021 (Annexure P-7), the petitioner has been given a period of 15 days to show cause and to file his reply. Learned counsel for the petitioner would further contend that in response to the said show cause notice, a reply has been filed by the petitioner on 19.02.2021 i.e. well within the period of 15 days. Admittedly, no order has been passed till date.
TRIPTI SAINI 2021.03.06 12:44 I attest to the accuracy and integrity of this document
CWP-5279-2021 (O&M) -2-
On a query posed by the Court as to the maintainability of the present writ petition challenging a show cause notice, the learned counsel for the petitioner contends that he apprehends that the respondents would take action and withdraw his promotion without considering his reply.
I have heard the learned counsel for the petitioner.
The present writ petition has been filed challenging only a Show Cause Notice dated 11.02.2021 (Annexure P-7). Admittedly, the petitioner has submitted a reply to the show cause notice and no order has yet been passed. The present petition is wholly pre-mature and not maintainable. The learned counsel for the petitioner, besides expressing an apprehension, has not been able to show as to on what basis he apprehends that his promotion would be withdrawn without considering his reply.
In view of the above, the present petition is dismissed as being pre-mature and not maintainable.
March 05, 2021 (ALKA SARIN) tripti JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: Yes/No
TRIPTI SAINI 2021.03.06 12:44 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether a writ petition challenged only a Show Cause Notice, where the petitioner has already filed a reply and no order has been passed, is maintainable.
Whether an apprehension that the promotion would be withdrawn without considering the reply is sufficient for maintainability.
Satya Pal Singh
State of Haryana
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
