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NAMIT KUMAR
Gagandeep Singla @ Gagandeep – Appellant
Versus
Ministry of Consumer Affairs – Respondent
JUDGMENT
Namit Kumar, J. (Oral)
The petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India seeking a writ of certiorari for quashing the show cause notice dated 12.12.2023 (Annexure P-32) issued by respondent No.3-PUNSUP under Rule 10 of the Punjab Civil Services (Punishment & Appeal) Rules, 1970 (for short 'the 1970 Rules'), on the ground that the matter relating to storage gain is sub-judice before this Court and further in the absence of any statutory rule governing the issue of storage gain to be delivered on wheat stocks and yet the respondent-Corporation has issued the said show cause notice.
2. It is the case of the petitioner that he has joined Respondent No.3 on 31.10.2011 and posted as Inspector Grade-I, PUNSUP Rampure, Bathinda. He has been issued show cause notice/charge-sheet dated 12.12.2023 regarding less storage gain/assured gain in wheat stocks for the crop year 2019-20 for the period pertaining from June 2016 to October 2021 at PUNSUP Storage Centre Rampure-I. He further submits that there are no storage norms for the said period for the FCI to make deductions from the bills of the Corporation and resultantly coercive reco
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 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 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.
Charge-sheets can be valid if issued on the retirement date, even if served afterward; mere issuance does not impede a candidate's rights until an adverse order is made.
Delay in adjudication of show cause notices is a violation of principles of natural justice.
Point of law: Rule 26(1) of APMMC Rules 1966, Rule 12(5)(h)(iii) of APMMC, 1966 for having excavated and transported 749 cum of Colour Granite without payment of seigniorage fee in contravention to c....
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