NAVNEET KUMAR SWARNKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this writ petition with following reliefs:

(2.) Learned counsel for the petitioner submits that petitioner is employed as District Child Project Officer on contract basis and working since 2015. There was no complaint against the petitioner. Surprisingly, the petitioner was issued with an order dtd. 19/10/2022 (Annexure P-

(3.) Learned counsel for the State would submit that submission of learned counsel for the petitioner, that show cause notice issued to the petitioner is post-decisional hearing is not correct. When the order Annexure P-1 was served upon the petitioner, he submitted representation/objection. Considering objection/representation submitted by the petitioner, the authority had reviewed their order and services of the petitioner was not terminated pursuant to order dtd. 19/10/2022 and the petitioner is still continuing in service. Show cause notice was issued on 3/11/2022 providing him opportunity of hearing on the allegation mentioned therein. The petitioner has not submitted reply to show cause notice dtd. 3/11/2022, no order is passed against petitioner till date and therefore, this petition is premature. He also submits that as per decision of Hon'ble Supreme Court, writ petition against show cause notice ordinarily is not maintainable unless and until show cause notice is challenged on the ground of jurisdiction of the authority issuing show cause notice or issued in violation of any statutory rule governing the field of service of the employee concerned .