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DELHI HIGH COURT
SANJEEV SACHDEVA
Tejbir Singh – Appellant
Versus
South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner seeks direction on representation (Para 1) |
| 2. responses regarding notice and objections (Para 2 , 3 , 4) |
| 3. court's directive for representation decision (Para 5 , 6) |
| 4. order for timely response and hearings (Para 7 , 8 , 9) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner seeks a direction to the respondent to decide the objection/representation dated 11.07.2020 submitted on 15.09.2020 filed by the petitioner.
2. Learned counsel for the Corporation submits that pursuant to the representation, a show cause notice has already been issued to respondents No.3 and 4 on 09.04.2021.
3. Learned counsel for respondents no. 2 to 4 submits that copy of the show cause notice has not been received.
4. Learned counsel for respondents no.5 to 7 submits that neither a copy of the objections nor of the said representation has been given to them.
5. A copy of the petition as well the counter affidavits filed by the respondents no. 2 to 4 be furnished by the counsel for the petitioner to the counsel for respondents No.5 to 7.
6. Since the respondent No.1 Corporation has already acted upon the representation given by the petitioner and a notice has been given, it will be
The judgment emphasizes the right to a fair hearing and requires that all parties involved in proceedings be given proper notice and opportunity to respond to representations and notices issued by au....
Administrative notices require responses and no adverse action may be taken without providing the opportunity to respond, reflecting principles of natural justice.
The court has the discretion to extend the time for response and can direct the respondent to pass a speaking order after considering the petitioner's responses.
Courts may direct authorities to consider representations within a specified time frame and inform the concerned parties of the outcome.
The court ruled that procedural fairness requires the opportunity to respond and be heard before any decision on a show cause notice.
Practice and Procedure - Show-cause notice - Violation of policy/guidelines/ provisions of MPD 2021 - Whether petitioners were served with a show-cause notice by pasting or not - Admittedly the notic....
The main legal point established in the judgment is that show cause notices should be adjudicated expeditiously and within a reasonable period, and the petitioner cannot be made to suffer due to the ....
Delay in adjudication of show cause notices is a violation of principles of natural justice.
The court affirmed that a show cause notice issued by SEBI is valid despite claims of delay and non-application of mind, emphasizing the necessity of fair opportunity for the petitioners to respond.
The court directed the respondent to treat the petition as a representation, ensuring the petitioners can present additional information while reserving the rights of both parties.
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