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IN THE HIGH COURT OF ALLAHABAD
VIPIN CHANDRA DIXIT, SHEKHAR B. SARAF
Gyanendra Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. delay in issuance of show cause notice (Para 2 , 3) |
| 2. mandatory nature of notice issuance clause (Para 4 , 5) |
| 3. quashing of delayed notice and fresh inspection granted (Para 6 , 7) |
1. Heard learned counsel for the parties and perused the record.
2. This writ petition under Article 226 of the Constitution of India has been filed whereby the petitioner is aggrieved by the order of show cause notice dated 08.09.2023, wherein the petitioner has been show caused with regard to alleged discrepancy found in the joint inspection.
3. In the present case, the factual matrix is that the inspection by the respondent authorities was carried out on 04.03.2023 and the samples' test came out on 23.06.2023. The respondent authorities sat over the sample tests for the period of two and half month and then issued a show cause notice on 08.09.2023. The relevant Clause 8.5.6 of Marketing Discipline Guidelines, 2012 reads as follows:-
"8.5.6 in respect of all cases of irregularities, a show cause notice, within 30 days from the date of inspection will be issued to the dealer indicating all the irregularities. However, in case samples of MS/HSD were draw
Procedural timelines in regulatory matters are mandatory; delays without justification invalidate actions taken under such guidelines.
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 ....
Adjudication of show-cause notice within a reasonable period to ensure natural justice.
Delay in conclusion of proceedings pursuant to show cause notices without proper explanation is unlawful and arbitrary, and the concept of call book is contrary to the statutory mandate.
The main legal point established in the judgment is that proceedings arising from a show-cause notice should be concluded within a reasonable period, and the failure to do so without a satisfactory e....
Disciplinary authorities must provide a fair opportunity to employees before finalizing disagreements with enquiry reports, as per principles of natural justice.
Court in exercising its powers under Article 226 has to mould the remedy to suit the facts of a case. If in a particular case a Court takes the view that the Income-tax Officer while passing an order....
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.
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