Ravindra Kumar Singh vs South Eastern Coalfields Limited on 9 April, 2026

    0
    47
    ADVERTISEMENT

    Chattisgarh High Court

    Ravindra Kumar Singh vs South Eastern Coalfields Limited on 9 April, 2026

                                                                  1
    
    
    
    
                                                                                             AFR
    
                                      HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
    
                                                     WPS No. 2983 of 2023
    
                                              Judgment Reserved On : 06/02/2026
                                              Judgment Delivered On : _09/04/2026
    
                            Ravindra Kumar Singh S/o Shri Mahendra Prasad, Aged About 51
                            Years, R/o B/61 Jarhi Colony, Bhatgaon Area, Pratappur, District :
                            Surajpur, Chhattisgarh
                                                                                  ... Petitioner(s)
    
    
                                                                versus
    
    
                            1 - South Eastern Coalfields Limited Through Chairman -Cum -
                            Managing Director, South Eastern Coalfields Limited, Seepat Road,
                            Police Station - Sarkanda, District Bilaspur, Chhattisgarh 495006.
    
    
                            2 - Director Personnel, South Eastern Coalfields Limited, Seepat Road,
                            Police Station - Sarkanda, District - Bilaspur, Chhattisgarh 495006.
    
    
                            3 - General Manager, South Eastern Coalfields Limited, Bhatgaon Area,
                            District : Surajpur, Chhattisgarh
    
    
                            4 - Colliery Manager, Nava Para U.G. Mines, South Eastern Coalfields
                            Limited, Bhatgaon Area, District : Surajpur, Chhattisgarh
    SHYNA
    AJAY
    Digitally signed by
    SHYNA AJAY
    DN: cn=SHYNA AJAY,
    o=PERSONAL,
    st=Chhattisgarh, c=IN
                                          2
    
    
    5 - Sub Area Manager, Kalyani Sub Area, South Eastern Coalfields
    Limited, Bhatgaon Area, District : Surajpur, Chhattisgarh
                                                      ... Respondent(s)

    (Cause Title downloaded from CIS Periphery)

    For Petitioner(s) : Mr. Chandresh Shrivastava, Advocate
    For Respondent- : Mr. Vinod Deshmukh Advocate
    SECL
    For Intervenor Mr. Abhishek Singh, Advocate

    SPONSORED

    SB: Hon’ble Mr. Justice Amitendra Kishore Prasad
    C A V Order

    1. By way of this Petition, the petitioner challenges the show cause

    notice dated 26.4.2023 (Annexure P/1) and the entirety of the

    enquiry proceedings initiated against the petitioner pursuant to the

    charge-sheet dated 23.7.2014.

    2. The petitioner seeks the following reliefs in the petition :

    10.1 The Hon’ble Court may kindly be pleased to call

    for the entire record pertaining to the case of the

    petitioner.

    10.2. The Hon’ble Court may kindly be pleased to quash

    the impugned show cause dated 26.04.2023 (received

    on 02.05.2023) (ANNEXURE P-1) and the entire enquiry

    proceedings against the petitioner with respect to

    charge-sheet dated 23.07.2014.

    10.3. The Hon’ble Court may kindly be pleased to
    3
    declare the entire enquiry proceedings against the

    petitioner as null and void being conducted contrary to

    the provisions of standing orders and principles of

    natural justice and direct the respondent authorities not

    to proceed and take action against petitioner on the

    basis of enquiry report.

    10.4. Any other relief, which this Hon’ble Court may

    deem fit and proper may also be awarded to the

    petitioner including the cost of the petition.

    3. Brief facts of the case are that the petitioner was originally

    appointed as General Mazdoor, Category-1, on 12.11.1992 under

    the ‘land oustee quota’, after a thorough investigation of all the

    relevant documents produced by the respondents. During the

    tenure of service, the petitioner was promoted time to time based

    on his eligibility and on fulfilling the requirements of the posts held

    by him. Presently, the petitioner presently is working as Clerk

    Grade-I. Previously, the respondents issued a Charge Sheet

    dated 23.7.2014, alleging that a complaint has been received

    against the petitioner to the effect that the acquired land was

    recorded in the name of Samal S/o Dashrath Rajwar and the

    petitioner had obtained his appointment by prepared a forged

    genealogy (family tree). The respondents alleged that the action

    of the petitioner constitutes misconduct under clause 26.1, 26.9

    and 26.22 of the Standing Orders of the SECL. The petitioner

    submitted his reply and denied the charges levelled against him.

    During the pendency of the departmental enquiry, the petitioner
    4
    instituted a civil suit seeking permanent injunction to restrain the

    defendants from interfering with his services. The petitioner stated

    that he is the son of Mahendra Prasad, who was legally adopted

    by Dashrath (father of Samal) Ultimately, the civil suit was

    decreed in the petitioner’s favour. Complainant Ravi Rajware also

    submitted a representation, in which he specifically stated that he

    has made no complaint against the petitioner. During the enquiry

    proceedings, the respondent authorities sought verification

    regarding the petitioner’s relationship with the land oustee. After a

    due enquiry, the revenue authorities gave a report corroborating

    the family tree previously placed on record, confirming its

    accuracy. Thereafter, an Enquiry Officer was appointed, who, after

    conducting a formal enquiry, submitted a report dated 18.8.2015,

    exonerating the petitioner of all charges. Subsequently, after a

    substantial lapse of time, again a notice dated 7.2.2018 was

    issued to participate in the enquiry with regard to the same

    charge-sheet. The petitioner challenged the same by filing WPS

    No.4161/2020, which was dismissed vide order dated 31.3.2021.

    The subsequent Writ Appeal No.161/2021 preferred was also

    dismissed as withdrawn vide order dated 18.6.2021. Thereafter,

    the Enquiry Officer submitted his report dated 23.4.2021,

    wherein, he again exonerated the petitioner finding that the

    alleged charges were not found proved. Notwithstanding the

    exoneration in the first enquiry, the respondent authorities issued

    a second show cause notice dated 12.6.2021, against which, the

    petitioner preferred WPS No.3299 of 2021, which was disposed of
    5
    by this Court vide order dated 6.7.2021 with certain

    directions/observations. In the ensuing proceedings, the petitioner

    submitted his reply, however, no final decision was taken by the

    Disciplinary Authority. Thereafter, again a fresh enquiry was

    initiated vide order dated 12/13.2.2022 and a notice was issued to

    participate in the said enquiry with respect to the same charge-

    sheet. Thereafter, the Enquiry Officer submitted his report dated

    21.2.2022 again exonerating the petitioner finding that the

    charges have not been proved. Thus, the petitioner was

    exonerated in all the three Departmental Enquiries. Consequently,

    respondent No.5 issued the impugned Show Cause Notice dated

    26.4.2023 stating that the misconduct was ‘found proved’ and

    demanding a reply within a mere 72 hours. Hence, this petition.

    4. Learned counsel for the petitioner submits that there is no

    provision of law authorizing the Disciplinary Authority to constitute

    successive enquiries or to conduct a de novo enquiry on the same

    charges, as such, the entire proceedings are illegal and without

    jurisdiction. He further submits that notwithstanding the fact that

    the charges were not proven, the Disciplinary Authority issued a

    fresh show cause notice with a premeditated intent to impose a

    penalty. He submits that the said notice is biased and

    proceedings are liable to be quashed. He further submits that a

    fresh enquiry cannot be initiated solely on the grounds that the

    Disciplinary Authority dissents from the findings of the Enquiry

    Officer without assigning any cogent reasons for such

    disagreement. In support of his submissions, learned counsel or
    6
    the petitioner would place reliance on the judgments rendered in

    the matters of M/S. Siemens Ltd. Vs. State of Maharashtra and

    others reported in (2006) 12 SCC 33, M/s. Techno Prints Vs.

    Chhattisgarh Textbook Corporation and another reported in

    2025 INSC 236, Union of India Vs. Kunisetty Satyanarayana,

    reported in AIR 2007 SC 906, Kanailal Bera Vs. Union of India

    reported in (2007) 11 SCC 517, Vijay Shankar Pandey Vs.

    Union of India and another reported in (2014) 10 SCC 589 and

    K.R. Deb Vs. The Collector of Central Excise, Shillong,

    reported in (1971) 2 SCC 102. He lastly submits that the

    allegations of misconduct are unsustainable, especially

    considering that various officials of the respondent-SECL had

    exonerated the petitioner across three separate enquiry reports

    conducted at different points in time.

    5. Learned counsel for the respondents submits that the instant writ

    petition is premature and liable to be dismissed. The impugned

    show cause notice dated 26.04.2023 issued by Sub Area

    Manager, Kalyani Sub Division, SECL, only directs the petitioner

    to submit reply and it does not constitute an adverse order

    affecting the rights of the petitioner and therefore, the petitioner

    fails to establish a valid cause of action. He further submits that

    the petitioner has not been able show any illegality in the issuance

    of show cause notice nor it has been shown that that the authority

    acted beyond its jurisdiction. He further submits that the petitioner

    being employed as Clerk Grade-I falls within the definition of a

    ‘workman’ under the Company’s Standing Orders and the
    7
    petitioner has an efficacious alternative remedy to raise an

    industrial dispute before the appropriate forum under the Industrial

    Disputes Act, 1947. He submits that the Disciplinary Authority is

    providing the petitioner a full opportunity of being heard. By

    issuing the show cause notice along with the findings of the

    Enquiry Officer, the authority has called for the petitioner’s

    explanation not only on the findings but also on the tentative

    reasons for the Disciplinary Authority’s disagreement with the

    Enquiry Officer’s report. He also submits that the petitioner will

    have an ample opportunity to prove his case before the

    Disciplinary Authority regarding his relationship with the original

    landowner and his status as a direct lineal descendant. The

    above evidence and related facts shall be duly considered by the

    concerned authority at the appropriate stage of the proceedings.

    He submits that if the enquiry officer holds that the charges are

    not established, such findings are not binding upon the

    Disciplinary Authority. He also submits that the Disciplinary

    Authority remains the final authority to adjudicate upon the guilt or

    innocence of a delinquent public servant. The Disciplinary

    Authority is not bound by the findings or recommendations of

    enquiry officer. He further submits that instead of submission of

    representation/reply, the petitioner has prematurely approached

    this Court by filing the instant petition. He submits that a writ

    petition under Article 226 of the Constitution of India should not

    ordinarily be entertained for quashing a Show Cause Notice or

    Charge Sheet, except in cases involving lack of jurisdiction or
    8
    manifest illegality. In support of his submissions, learned counsel

    for the respondent would place reliance on the judgments

    rendered in the matters of Union of India and others Vs.

    Upendra Singh reported in (1994) 3 SCC 357, Union of India

    and another Vs. Kunisetty Satyanarayana reported in (2006) 12

    SCC 28 and S. Janaki Iyer Vs. Union of India reported in (2025)

    8 SCC 696. Hence, learned counsel for the respondents prays to

    dismiss the petition.

    6. I heard learned counsel for the parties, perused the pleadings

    along with the relevant documents annexed to the petition.

    7. From a bare perusal of the show cause notice dated 26.4.2023, it

    appears that the same was issued to the petitioner seeking his

    explanation regarding an allegation that the petitioner obtained

    service/employment with the SECL by purportedly representing

    himself as a nominee for acquisition of land bearing Khasra

    No.52/2 area 0.035 hectares situated at Village Datima, Tehsil

    Surajpur, belonging to one Samal S/o Dashrath. During the earlier

    enquiry, the petitioner had clarified that Dashrath (father of Samal)

    had adopted the petitioner’s father Mahendra Prasad, thereby

    establishing the petitioner as the nephew of Samal. However, it

    was stated in the impugned notice that a perusal of the submitted

    documents and family tree indicates that the petitioner is not

    found to be a Direct Lineal Descendant as per letter No.CIL/C-

    5/53114/3W dated December 1984 issued by the Coal India and

    letter No.WCL/IR/281, dated 12.12.1984 issued by the Western

    Coal Fields Ltd., Nagpur, according to which, employment
    9
    assistance in lieu of land acquisition can be granted only to direct

    lineal dependents of the landholder. It was further stated that at

    the time the petitioner secured employment, the land in question

    was neither recorded in the name of Dashrath nor in the name of

    the petitioner’s father – Mahendra. The petitioner provided

    conflicting information with regard to his address as his service

    record list his address as Village Datima PS Jainagar, PO

    Datima, District Sarguja (MP), whereas his Leave Travel

    Concession (LTC) declarations list his address as Bhagalpur,

    Bihar and by declaring this subsequent address, the petitioner

    availed the LTC benefits. Based on the aforementioned findings,

    the respondent authorities stated that prima facie the petitioner

    acted in violation of 26:1 of the Standing Orders of SECL and

    also against para 15 of the Appointment Order dated 12/13 th of

    November 1992.

    8. Furthermore, when a preliminary enquiry was conducted, it was

    found that the petitioner did not furnish correct facts. It was

    alleged that the petitioner had affixed his thumb impression on the

    entire service documents to project illiteracy, whereas subsequent

    verification established that he is educated, having successfully

    completed his Intermediate Examination (Class XII). Such act of

    the petitioner constitutes that he has committed misconduct and a

    breach of discipline, which is in violation of clause 26:9 and 26:22

    of the Standing Orders. Consequently, in order to ensure

    compliance of the principles of natural justice, a show cause

    notice was issued to afford the petitioner an opportunity to submit
    10
    his explanation. Aggrieved by the issuance of the said notice, the

    petitioner rushed this Court challenging the same seeking judicial

    intervention. Subsequent to the charge sheet dated 23.7.2014, the

    Enquiry Officer submitted his Enquiry Report dated 18.8.2015.

    However, on the basis of such report, acting upon a suggestion

    given by the General Manager (Vigilance) for conducting a fresh

    enquiry against the petitioner, a re-enquiry was initiated dated

    31.1.2018 with an Assistant Manager appointed as Management

    Representative along with the Enquiry Officer. Thereafter, a notice

    was issued on 7.2.2018, directing the petitioner to participate in

    the enquiry. Later on, one Ravi Rajware (complainant) submitted

    an application stating that his name has been misused and he

    had never made any complaint against the petitioner.

    9. Against the show cause notice dated 7.2.2018, the petitioner

    preferred WPS No.4161/2020 before this Court. However, the said

    petition was dismissed vide 31.3.2021 reserving liberty in favour

    of the petitioner to assail any order passed by the Disciplinary

    Authority on the basis of the subsequent enquiry and the Enquiry

    Report, detrimental to the interest of the petitioner, at a later

    stage. Being aggrieved, by the aforesaid order, the petitioner filed

    WA No.161/2021, which was also dismissed vide order dated

    18.6.2021, as withdrawn. Thereafter, the petitioner appeared

    before the Enquiry Officer made submissions with regard to falsity

    of charges, while submitting the documents thereof. The Enquiry

    Officer subsequently submitted his Enquiry Report dated

    23.4.2021 exonerating the petitioner of all the charges levelled
    11
    against him. Nevertheless, it reveals that the respondent

    authorities, being unsatisfied with these exonerated findings, have

    issued yet another show cause notice dated 12.6.2021, directing

    him to submit a fresh reply. The petitioner again rushed to this

    Court and filed WPS No.3299/2021, which was disposed of vide

    order dated 6.7.2021 with a direction permitting the petitioner to

    submit his explanation before the Disciplinary Authority. Further,

    the concerned authority was directed to consider the petitioner’s

    explanation and pass an appropriate order on its own merits. In

    compliance with the above direction, the petitioner has filed his

    reply to the show cause notice dated 12.6.2021. After submission

    of his reply to the second show cause notice, a fresh enquiry

    (third enquiry) was directed on the basis of the same charge

    sheet. In that enquiry, an Enquiry Officer was appointed as also

    one Mr. R.K. Prasad was appointed as a Management

    Representative. After submission of the reply by the petitioner,

    the Enquiry Report dated 21.2.2022 was submitted, wherein it

    was found that the charges levelled against the petitioner under

    clause 26:1, 26:9 and 26:22 of the Standing Orders were not

    proved. The aforesaid sequel/chronology of events shows that the

    respondent authorities have repeatedly issued notices against the

    petitioner on the same set of allegations. Although the petitioner

    approached this Court on multiple occasions to challenge the

    legality of these notices, he was directed to submit his

    explanation and participate in the proceedings. Thereafter, the

    petitioner submitted his replies, and ultimately, the allegations
    12
    levelled against the petitioner were not found to be proved in the

    various Enquiry Reports.

    10. It is a well settled principle of law that under Article 226 of the

    Constitution of India, the Courts generally may not interfere at the

    stage of a show cause notice. However, in appropriate cases,

    even at the stage of show cause notice, the interference is

    warranted when the same is issued without jurisdiction or is

    vitiated by malafide and there is abuse of process of law.

    11. In the present case, a pattern of repetitive litigation has emerged,

    wherein successive show cause notices have been issued against

    the petitioner on the same set of allegations. Though the

    challenge to the said show cause notices in earlier writ petitions

    did not result in their quashing, he duly complied with the

    directions of this Court, participated in the enquiry process and

    submitted his replies. Furthermore, on two occasions, the

    authorities of the SECL exonerated the petitioner finding no merit

    in the charges and in some instances, the authorities of the SECL

    themselves have recommended the closure of the proceedings

    and exonerated the petitioner. It is the case of the respondents

    themselves that the charges levelled against the petitioner were

    not found proved during the course of enquiry. When the specific

    enquiry reports 18.8.2015, 23.4.2021 & 21.2.2022 filed by the

    respondent authorities themselves, exonerated the petitioner, the

    issuance of a subsequent show cause notice dated 26.4.2023

    would be illegal and arbitrary. The petitioner cannot be victimized

    for the errors or procedural lapses of the respondent authorities.
    13
    Had the enquiry reports remained pending or did not exonerate

    the petitioner, the legal position might differ. However, since the

    respondents own enquiries have consistently exonerated the

    petitioner, the matter must be treated as concluded and final.

    12. Admittedly, the petitioner has been subjected to show cause

    notices again and again, to which replies have been filed the

    petitioner. Though certain enquiries were conducted, wherein

    the Enquiry Officer found the charges to be unsubstantiated, but

    the respondent authorities have persistent in issuing fresh notices

    to the petitioner. Apparently, this continuous process constitutes a

    grave injustice against the petitioner.

    13. The relevant clauses 26:1, 26:9 and 26:22 respectively of the

    Standing Orders of the SECL are relevant and are reproduced

    below :

    26:1 Theft, fraud or dishonesty in connection with the

    employer’s business or property

    26:9 Giving of false information regarding one’s name,

    age, father’s name, qualification etc. in connection

    with his employment.

    26:22 Any wilful and deliberate act which is

    subversive of discipline or which may be detrimental

    to the interests of the company.

    14. Similarly, clause 28:1 of the Standing Orders, which stipulates the

    procedure for conducting a procedural enquiry, reads as under :
    14

    28:1 Where an employee is charged with a misconduct
    he shall be informed in writing of the allegations
    against him by the competent authority and shall be
    given an opportunity to submit his explanation in
    writing within a period of not less than three days. On
    receipt of a workman’s explanation when allegations
    are denied by him, an enquiry shall be held, normally
    by an Officer or Officers of the company appointed by
    the management. At the enquiry, the workman
    concerned shall be afforded reasonable opportunity of
    defending himself. The workman concerned shall be
    entitled to be represented or assisted by a co-worker
    or office bearer of a trade union of which he is a
    member if so requested by him during the enquiry.

    15. In in the matter of M/S. Siemens Ltd. (Supra), the following was

    held in para 9:

    9. Although ordinarily a writ court may not exercise its
    discretionary jurisdiction in entertaining a writ petition
    questioning a notice to show cause unless the same
    inter alia appears to have been without jurisdiction as
    has been held by this Court in some decisions
    including State of U.P. v. Brahm Datt Sharma [(1987) 2
    SCC 179 : (1987) 3 ATC 319 : AIR 1987 SC
    943] , Special Director v. Mohd. Ghulam Ghouse
    [(2004)
    3 SCC 440 : 2004 SCC (Cri) 826] and Union of
    India v. Kunisetty Satyanarayana
    [(2006) 12 SCC 28 :

    (2006) 12 Scale 262] , but the question herein has to be
    considered from a different angle viz. when a notice is
    issued with premeditation, a writ petition would be
    maintainable. In such an event, even if the court directs
    the statutory authority to hear the matter afresh,
    ordinarily such hearing would not yield any fruitful
    purpose. (See K.I. Shephard v. Union of India [(1987) 4
    SCC 431 : 1987 SCC (L&S) 438 : AIR 1988 SC 686] .) It
    15
    is evident in the instant case that the respondent has
    clearly made up its mind. It explicitly said so both in the
    counter-affidavit as also in its purported show-cause
    notice.

    16. So far as the permissibility of second or third enquiry is

    concerned, in a judgment rendered in the matter of K.R. Deb

    (Supra), the following was held by the Hon’ble Supreme Court in

    para 12 & 13 thereof :

    12. It seems to us that Rule 15, on the face of it, really
    provides for one inquiry but it may be possible if in a
    particular case there has been no proper enquiry because
    some serious defect has crept into the inquiry or some
    important witnesses were not available at the time of the
    inquiry or were not examined for some other reason, the
    Disciplinary Authority may ask the Inquiry Officer to record
    further evidence. But there is no provision in Rule 15 for
    completely setting aside previous inquiries on the ground
    that the report of the Inquiring Officer or Officers does not
    appeal to the Disciplinary Authority. The Disciplinary
    Authority has enough powers to reconsider the evidence
    itself and come to its own conclusion under Rule 9.

    13. In our view the rules do not contemplate an action
    such as was taken by the Collector on February 13, 1962.

    It seems to us that the Collector, instead of taking
    responsibility himself, was determined to get some officer
    to report against the appellant. The procedure adopted
    was not only not warranted by the rules but was harassing
    to the appellant.

    17. Reverting to the facts of the present case, in the light of the
    16
    principles laid down in the aforementioned judgments, it is evident

    that the contention of the respondent-SECL that the present

    petition is not maintainable as it only challenges a show cause

    notice, is legally tenable only as a general rule and not an

    absolute bar. The maintainability of a challenge in such instances

    varies from case to case, depending upon the facts of each case.

    When an authority issues repeated show cause notices and after

    submission of replies and subsequent enquiries, the charges are

    not found to be proved, interference by a Writ Court is

    permissible. Here, the enquiries were conducted by the officers

    of the SECL at different point of time, who, upon conclusion,

    submitted the enquiry reports exonerating the petitioner of all the

    charges levelled against him. The repeated issuance of show

    cause notice is, therefore, unwarranted and prejudicial. Having

    reached a definite conclusion in the initial investigation, the

    authorities were duty-bound to consider all aspects of the matter

    at the first instance, rather than entertaining subsequent, repetitive

    complaints on the same set of facts.

    18. Evidently, whenever a complaint is made against the petitioner,

    the authorities act with undue haste to issue a show cause notice.

    Further, it is observed that with each change in administration,

    fresh complaints are entertained, resulting in a vexatious cycle of

    repetitive show cause notices and enquiries, only for such

    proceedings to be eventually dropped. Once the SECL

    authorities have concluded that the charges against the petitioner

    are not proved, it is legally impermissible to again and again
    17
    entertain complaints of a similar nature on the same subject

    matter.

    19. The petitioner was appointed way back on 12.11.1992. At the time

    of appointment itself, the authorities ought to have verified the

    documents submitted by the petitioner. Furthermore, the return

    filed by the respondents does not disclose as to whether any

    show cause notice was ever issued against the officers of the

    SECL responsible for the petitioner’s appointment or against

    those who subsequently conducted the enquiries and exonerated

    him. If the enquiry reports submitted by the enquiry officers were

    deemed incorrect, the respondent-SECL ought to have issued

    show cause notices to the said officers, seeking an explanation

    as to how and under which circumstances the petitioner was

    exonerated. However, a bare perusal of the entire record reveals

    no such action; instead, it appears that the respondent-SECL is

    initiating fresh show cause notices based on repetitive

    complaints. Once a delinquent employee has been exonerated,

    the matter must reach finality. In the present case, the petitioner

    has already been exonerated on three separate occasions yet he

    is being again subjected to the impugned show cause notice

    based on the same set of allegations. Consequently, the

    issuance of a fresh show cause notice based on the same

    subject matter is legally impermissible. While the issuance of a

    show cause notice generally falls within the administrative domain

    of the authorities, it remains subject to judicial scrutiny when an

    employee invokes the extraordinary jurisdiction of a Writ Court
    18
    seeking its quashment. Such intervention is warranted where the

    notice is issued without jurisdiction, is ex-facie arbitrary or

    constitutes an abuse of the process of law.

    20. Furthermore, it would be pertinent to mention here that the

    petitioner previously instituted Civil Suit No.65A/2014 seeking a

    mandatory and permanent injunction against illegal interference

    with his service. The concerned trial Court vide the judgment and

    decree dated 20.4.2015, decreed the suit in favour of the

    petitioner (plaintiff) and issued a permanent injunction restraining

    the SECL from passing any illegal orders or act in violation of the

    prescribed procedure of law. This judicial decree remains in force

    and is binding upon the respondents.

    21. In view of the aforesaid discussion, the impugned show cause

    notice (Annexure P/1) issued against the petitioner is hereby

    quashed.

    22. Consequently, the Petition is allowed.

    Sd/-

    (Amitendra Kishore Prasad)
    Judge
    Shyna Ajay

    The date when the The date when the The date when the judgment is
    judgment is reserved judgment is uploaded on the website
    pronounced

    Operative Full

    6.2.2026 09.04.2026 —— 13.4.2026
    19

    WPS No. 2983 of 2023

    HEAD NOTE

    Although ordinarily a writ court may not exercise its discretionary

    jurisdiction in entertaining a writ petition questioning a notice to show

    cause unless the same inter alia appears to have been without

    jurisdiction, however, when a notice is issued with premeditation, a writ

    petition would be maintainable.



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here