Back
TARLADA RAJASEKHAR RAO
Vattern Venkatech – Appellant
Versus
Cotton Corporation of India – Respondent
JUDGMENT
1. This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-
"To issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned show-cause notice No.CCI/HRD/Appt-JCP/2016, dtd. 13/12/2016 issued by the 1st respondent communicated by the 2nd respondent in its letter REF.No.CCI/WGL/HRD/2016/12429 dtd. 14/12/2016 as illegal, arbitrary, without jurisdiction, contrary to the Principles of Natural Justice and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently setaside the impugned show-cause notice No.CCI/HRD/Appt-JCP/2016, dtd. 13/12/2016, issued by the 1st respondent and pass such other order."
2. The facts of the case are like this:
The 1st respondent has issued a notification, inviting applications for recruitment to the post of Junior Cotton Purchaser (Marketing), the petitioner herein, having all the requisite qualifications, has applied for the post of Junior Cotton Purchaser, passed the written examination as well as interview and he was selected and appointed as Junior Cotton Purchaser and as per the appointment order that one should be in prob
A writ petition is not ordinarily maintainable against a show-cause notice or charge-sheet issued by a public authority unless it is wholly without jurisdiction or illegal.
A show-cause notice must provide clear grounds and relevant materials to ensure compliance with natural justice principles.
A charge-sheet does not provide cause of action for a writ unless it is wholly without jurisdiction or illegal; principles of natural justice do not apply at this stage.
A writ petition cannot challenge a show cause notice or charge-sheet unless issued by an incompetent authority or with mala fide intent, as they do not constitute adverse orders.
A writ petition cannot be entertained against a mere show cause notice unless it is issued by an incompetent authority or with mala fide intent, as it does not constitute an adverse order affecting r....
A writ petition challenging a show-cause notice on premises of a predetermined mind is generally premature and unsustainable; the proper relief is to direct the authority to consider the pending expl....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
