MANISH KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) ORDER learned counsel appearing for the petitioner submits that the respondent-authorities have failed to understand the purport of the order wherein, before passing the impugned orders dated 23. 05. 2008 (Annexure P/3 colly.), principles of natural justice was required to be complied with. It is further contended that show cause notice was issued on one ground and the impugned orders dated 23. 05. 2008 (Annexure P/3 colly.) were passed on different ground. No show-cause-notice or opportunity of hearing was afforded to the petitioner in respect of the ground, which was taken for passing the impugned order.

(2.) BE that as it may, since it involves question of facts which can be considered only by the appellate authority, thus, this case is not one of the case wherein departure from normal rule of resorting to statutory forum, be allowed.

(3.) ON the question of availability of alternative remedy, the Hon'ble Supreme Court in the matter of State of H. P. and others v. Gujarat Ambuja Cement and another1, observed as under: