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TMI Blog2010 (7) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... irty days from the date of receipt of the impugned notice dated April 1, 2010. Keeping in view the principle of fairness, we deem it proper to extend the time by another six weeks from today for the petitioner to submit explanation. If the petitioner fails to submit explanation within the time now granted, it shall be open to the respondent to adjudicate the matter and pass orders in accordance with law. X X X X Extracts X X X X X X X X Extracts X X X X ..... tutory provision calling upon him to show cause, ordinarily the Government servant must place his case before the authority concerned by showing cause and the courts should be reluctant to interfere with the notice at that stage unless the notice is shown to have been issued palpably without any authority of law. The purpose of issuing show-cause notice is to afford opportunity of hearing to the Government servant and once cause is shown it is open to the Government to consider the matter in the light of the facts and submissions placed by the Government servant and only thereafter a final decision in the matter could be taken. Interference by the court before that stage would be premature. The High Court in our opinion ought not to have in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mbay High Court. The High Court ordered status qua, which virtually stalled all the proceedings. In appeal before the Supreme Court it was urged that when show-cause notice issued is clearly illegal, the High Court is justified in entertaining the writ petition. The Supreme Court negatived this submission and laid down as under: "This court in a large number of cases has deprecated the practice of the High Courts entertaining writ petitions questioning legality of the show-cause notices stalling enquiries as proposed and retarding investigative process to find actual facts with the participation and in the presence of the parties. Unless the High Court is satisfied that the show-cause notice was totally non est in the eye of the law f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent to file reply to the show-cause notice as they deem fit, if not already filed within a period of one month from today or such further time as may be allowed by the adjudicating authority. We direct the adjudicating authority to dispose of the matter thereafter in accordance with law. The High Court of Madras in Medopharm v. Superintendent of Central Excise [1995] 77 ELT 524 (Mad) held as under: ". . . In the writ petition, the petitioner/appellant has challenged the show-cause notice. The learned single judge has gone into the merits of the case and dismissed the writ petition. We are of the view that whenever a show-cause notice is issued under the provisions of the Central Excises and Salt Act, which provides for adjudicatory ..... X X X X Extracts X X X X X X X X Extracts X X X X
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