S.K. DEV Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has inter-alia prayed for the quashing of the order passed by the Board in the meeting held on October 16, 1989 (Annexure P-8), the show cause notice calling upon the petitioner to explain as to why his seniority be not changed (a copy of which has been produced as Annexure P-9) and the seniority list issued by the Board on May 29, 1992.

(2.) We have heard learned counsel for the parties. So far as the challenge to the decision of the Board ( a copy of which has been produced as Annexure P-8) is concerned, the matter is concluded by our judgment in LPA No. 1613 of 1991, decided on August 4, 1993. We are further informed that a petition for special Leave No. (c) 13782 of 1993 Was dismissed by their Lordships of the Supreme Court on September 10, 1993. In this situation, the challenge cannot be sustained.

(3.) The second grievance of the petitioner relates to the show cause notice regarding the fixation of his seniority. A copy of this notice has been produced as annexure P-9 with the writ petition. Admittedly, the petitioner had filed a reply to the show cause notice. Thereafter on May 29, 1992, the haryana Sate Electricity Board issued the seniority list. An extract from this list has been produced as Annexure P. 11 with the writ petition. However, at the hearing of this case, learned counsel for the petitioner had produced a complete copy of the order. It is placed on record as Mark 'A'. In para 2, it has been categorically stated that "the reply to the show cause notices served upon the affected officers has been considered and rejected. "In this situation, the challenge to the show cause notice is wholly misconceived. Even otherwise, this Court in the exercise of its jurisdiction under Article 226 of the Constitution of India, does not normally entertain a writ petition against a show cause notice, the notice merely affords an opportunity to the officer concerned to show cause against the proposed action. It is for the officer to put the relevant facts before the concerned authority. A challenge to the notice even before the final order is passed cannot normally be entertained unless it is shown to be violative of a provisions of law or wholly without jurisdiction.