SENIOR PERSONAL MANAGER Vs. A VEERASINGAM

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned judgment of the learned single Judge dated 26. 4. 2000. We have heard Mr. N. A. K. Sarma, learned counsel for the first appellant Corporation. None appears for the respondent although the name of the respondent's counsel was printed in the cause list.

(2.) THE writ petition was filed against a show cause notice. It is well settled that ordinarily no writ petition should be entertained against a show cause notice vide Special Director v. Mohd. Ghulam Ghouse, AIR 2004 SC 1467, Executive Engineer, Bihar State Housing Board v. Ramesh K. Singh and Ors. JT 1995 (8) S. C. 331, etc.

(3.) A writ petition should not ordinarily be entertained against a show cause notice because a mere show cause notice does not give rise to any cause of action. It may be that on receiving a show cause notice the person concerned may give a reply/explanation, which may satisfy the authority concerned, who may then drop the proceedings. Hence no cause of action arises by merely giving a show cause notice and the person concerned can have no grievance by merely receiving a show cause notice. Hence if he challenges the show cause notice the writ petition will be premature and should be dismissed as such as held by the Supreme Court in the above cases.