KESHUB MAHINDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this case although the petition was filed as far back as on 23rd November, 1989, the Respondents have not chosen to file any affidavit in reply till date. When the matter came up for hearing on 20th January, 2003, Counsel for Respondents sought time with a view to file an affidavit in reply to the petition. In the interest of justice, the request was acceded to and the petition was adjourned. However, even today when the petition is taken up for final hearing, the Respondents have not tendered any affidavit in reply to the petition.

(2.) HOWEVER, Mr. Chaudhary, learned Counsel appearing on behalf of the Respondents submitted that in the instant case the Petitioners have challenged the show cause notice which is yet to be adjudicated and, therefore, the Respondents must be permitted to adjudicate the matter in accordance with law and no interference is called for in its writ jurisdiction. Ordinarily, we would not have taken the onerous responsibility of adjudicating the show cause notice which is yet to be adjudicated, however, in view of the events subsequent to the filing of the petition, the show cause notices impugned in the petition have become infructuous and in this view of the matter, we have decided to dispose of the matter on merits instead of remanding the matter back to the adjudicating authorities for adjudication of the show cause notices. The Original Petitioner Nos. 2 to 5 have died during the pendency of the petition and accordingly their names have been deleted.

(3.) IN this petition, the Petitioners have challenged to show cause notice dated 14th September, 1989 (Exhibit 'e' to the petition) and show cause notice dated 26/28th September, 1989 (Exhibit 'f' to the petition ).