Indu Bala Jain v. State (Govt. of NCT of Delhi) and Anr.

Delhi High Court · 28 Feb 2018 · 2018:DHC:8566
V. Kameswar Rao
W.P.(C) 1789/2018
2018:DHC:8566
administrative petition_dismissed

AI Summary

The Delhi High Court held that writ petitions challenging show cause notices are premature before final orders, directing the authority to consider replies and pass speaking orders, with liberty to approach the court thereafter.

Full Text
Translation output
$-44, 45 & 46 HIGH COURT OF DELHI
W.P.(C) 1789/2018, CMNo. 7392/2018
W.P.(C) 1792/2018, CMNo. 7397/2018
W.P.(C) 1798/2018, CMNo. 7406/2018
SMT. INDU BALA JAIN SMT. INDU BALA JAIN SH. RAKESH KUMAR JAIN
Petitioner
Through: Mr. N.K. Gupta, Adv.
VERSUS
STATE (GOVT. OF NCT OF DELHI) AND ANR.
Respondent
Through; Mr. Sameer Vashisht, ASC with Mr. M. Jha, Adv. for R-1 (item no. 44)
Ms. Jyoti Taneja, Adv. for NDMC/R- 2 (item No. 44)
Mr. Brijesh Singhal, Adv. for R-2 (item No.45)
Mr. Anupam Srivastava, ASC (GNCTD) for R-1 (item no. 46)
Mr. Lakshay Sawhney, Adv. for R-2 (item No.46)
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
01.03.2018 Learned counsel for the petitioner states, the amended memo of parties has been filed in the Registry yesterday. The same is not on record.
The Registry to place the same on record.
It is contended by the learned counsel for the respondent No.2 that the petitions have been filed against show cause notice (s) dated September 19, 2018:DHC:8566
ORDER

2017. The petitioners have filed replies to the said show cause notice (s) on February 28, 2018. She on instructions also state, no final orders have been passed on the show cause notice (s) dated September 19, 2017. She state, the replies filed by the petitioners shall be considered and speaking orders shall be passed and if the petitioners are still aggrieved, the petitioners would be within their right to approach this Court. At this stage, Mr. Gupta, Id. Counsel for the petitioners state that even though the replies filed are very brief, the respondents may consider the writ petition as the replies to the show cause notice (s). This suggestion of Mr. Gupta is acceptable to the learned counsel for the respondent No.2. The Competent Authority, while considering the replies dated February 28, 2018 shall consider the writ petitions and the documents annexed thereto as l|i^supplementary replies of the petitionedto the show cause notice (s) dated September 19, 2017 and pass speaking orders as expeditiously as possible. If the petitioners are still aggrieved with the orders to be passed by the respondent No.2, liberty is with the petitioners to seek such remedy as available in law. Petitions and the connected applications are disposed of. Dasti.

V.KAMESWARRAO,J