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TMI Blog2019 (3) TMI 2059X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Counsel appearing for respondents 1 and 2 that the reply will be considered. The writ petitions are allowed and the respondents 1 and 2 are directed to consider the reply given by the petitioner, on merits and pass a detailed order within a period of four weeks from the date of receipt of a copy of this order. - THE HONOURABLE MR.JUSTICE T.RAJA For Petitioner : Mr.Srinath Sridevan in all W.Ps For respondents : Mr.Adithya Reddy, for R1 and R2 in all W.Ps R3 and R4 given up in W.P. No.6829 of 2019 ORDER As the issues involved in all these Writ Petitions are identical and the petitioner in all the petitions is one and the same, by consent, the Writ Petitions are taken up for final disposal and disposed of by a common order. 2.Since it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uty Registrar of Companies, Tamil Nadu in respect of certain discrepancies calling upon them to submit a detailed explanation within a period of two weeks. On receipt of the show cause notice, the petitioner's company have submitted a detailed reply within the specified time limit of two weeks. While so, the petitioner herein received a Notice from the first respondent raising certain charges as levelled by the second respondent, for which the petitioner has issued a reply on 03.01.2019 providing clarifications to the first respondent. 5.Under this background, the petitioner have got an apprehension that the respondents 1 and 2 may proceed, without considering the detailed reply given by them. Therefore, learned counsel appearing for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the respondents 1 and 2 submitted that since the petitioner has given a detailed reply dated 03.01.2019 as per the dictum laid down by this Court in the aforementioned order, a direction be issued to respondents 1 and 2 to pass a detailed order. 9.In this context, it is useful to extract the aforementioned order as under: '14.This Court is of the considered view that when once the show cause notice is issued, then it would amount to initiation of the proceedings qua negligence, default, breach of duty etc., However, the same would not be applicable to a criminal action. The decision to initiate a criminal proceeding would naturally come on a factual finding resulting in the final order to be passed by the first respondent, on a consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action without a factual finding resulting in a final order to be communicated to the petitioner. After all, a show cause notice issued should result in an adjudication process, for which, a person, whose rights are liable to be affected has to be informed by a decision supported by reasons, on a consideration of the reply given. Therefore, it is mandatory on the part of the first respondent to see to it that such an order is passed and served on the officer against whom a criminal proceedings is likely to be initiated by giving a private complaint. Even otherwise, the decision is necessarily to be communicated by the first respondent. Therefore, any action to be taken shall be only after service of the final decision on the show cause not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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