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GANESH RAM MEENA
Kamal Pathak – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. The instant writ petition has been filed by the petitioner against the show-cause notice dated 02.12.2020 issued under Section 39 of the Rajasthan Municipalities Act, 2009 (In short 'the Act of 2009') whereby the petitioner has been asked to submit his explanation in regard to allegations mentioned in the notice. This Court vide order dated 16.12.2020, stayed the operation of notice dated 02.12.2020.
2. The respondent-State preferred a D.B. Civil Special Appeal (Writ) No.778/2021, challenging the interim order dated 16.12.2020, passed by this Court. The said appeal was decided by the Division Bench vide order dated 22.10.2021, with the request to the learned Single Judge to decide the writ petition finally within two weeks from the date of decision. More than one and a half year has passed after the decision of the Division Bench. Today, the petitioner, present in person, seeks adjournment on the ground that his counsel is on strike. The ground mentioned by the petitioner for seeking adjournment is not acceptable, in view of the law laid down by the Hon'ble Apex Court in case of "Ex-Capt. Harish Uppal versus Union of India and Anr. (Writ Petition (Civil) No. 132/1998) dec
Writ petitions against show cause notices are only entertained in cases of jurisdictional issues or violations of fundamental rights; otherwise, parties must respond to the notice and raise defenses.
A show-cause notice must provide clear grounds and relevant materials to ensure compliance with natural justice principles.
Adjudication of show-cause notice within a reasonable period to ensure natural justice.
Adjudication of show-cause notices should be done within a reasonable period to ensure transparency in revenue administration and to avoid violation of natural justice.
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....
Delay in adjudication of show cause notices is a violation of principles of natural justice.
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