MD. MUZAFFAR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant writ petition, the petitioner has prayed for the following relief(s):

(2.) Perusal of the relief(s) sought in the present writ petition, it is evident that the petitioner has questioned the validity of show cause notice. Against the show cause notice, Writ Court has no jurisdiction unless and until it is issued by an incompetent authority or it is in violation of any statutory Rules. The petitioner has not pointed out either of the aforementioned ground. Therefore, the petitioner has not made out a case so as to entertain the present writ petition. In other words, the present writ petition is pre-mature.

(3.) In support of the aforementioned reasons, we are relying on the Hon'ble Supreme Court decisions in the cases of Union of India and Another Versus Kunisetty Satyanarayana reported in (2006)12 Supreme Court Cases 28 and Secretary, Ministry of Defence and others versus Prabhash Chandra Mirdha reported in (2012) 11 Supreme Court Cases 565. In both the decisions, the Hon'ble Supreme Court has held that Writ Court has no jurisdiction insofar as entertaining a petition against show cause unless and until it is by an incompetent authority or in violation of any statutory Rules. Thus, the petitioner has not made out a case.