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TMI Blog2024 (10) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... pressed for relief in terms of prayer clause (a) of this Petition, which reads as follows:- "a) that this Hon'ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other writ, order or direction under Article 226 of the Constitution of India calling for the records pertaining to the Petitioner case and after going into the validity and legality thereof quash and set aside the Impugned Order dated 22.07.2024 (Exhibit "A") as also the Show Cause Notice dated 07.12.2023." 3. The argument is that the impugned show cause notice dated 07 December 2023 was vague and bereft of the relevant particulars. As a result, the Petitioners were deprived of an effective opportunity to respond to the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show cause notice was issued. There is detailed reference to several factual aspects and the legal provisions, notifications and circulars proposed to be relied upon. There is also a reference to some Supreme Court decisions on the subject. The grounds on which the impugned show cause notice was issued are in paragraphs 6, i.e. paragraphs 6.1 to 6.11 of the impugned show cause notice. Detailed grounds with full particulars have been supplied. The allegation of vagueness is an afterthought besides being frivolous. 7. Paragraph 7 of the impugned show cause notice refers to the investigation findings. Annexure-A to the impugned show cause notice contains a list of relied-upon judgments. The answers on behalf of the Petitioners have also been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is quite detailed, has to be construed holistically. This is not the occasion to examine the merits of the impugned order dated 22 July 2024 since the Petitioners are proposed to be relegated to the alternate remedy of appeal in this matter. 10. Incidentally, if the Petitioners genuinely regarded the impugned show cause notice as vague or if there were any real difficulties in responding to the allegations in the show cause notice, it was expected that the Petitioners challenge such show cause notice at the earliest instance. Here, the Petitioners filed a detailed response without making any serious grievance about the alleged vagueness in the impugned show cause notice. After the impugned show cause notice was adjudicated and the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pointed out that the impugned order least and considers no less than 15 grounds urged by the Petitioners in their defence. Accordingly, the allegations about the vagueness and consequent failure of principles of natural justice are wholly misconceived, and no case is made out to entertain the present Petition. 14. In Special Director and Another Vs. Mohd. Ghulam Ghouse and another (2004) 3 SCC 440 the Hon'ble Supreme Court has held that unless the High Court is satisfied that the show-cause notice was totally non-est in the eye of the law for absolute want of jurisdiction of the authority to even investigate into facts, writ petitions should not be entertained for the mere asking and as a matter of routine. The writ petitioner should invar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that the appellant's right was not affected. It was clarified that the appellant could move a court of law against an appealable order. By not maintaining discipline and abiding by the decision, the appellant had wasted the public money and time of the courts. 17. In Malladi Drugs and Pharma Limited Vs. Union of India and another (2020) 12 SCC 808 the Hon'ble Supreme Court held that the High Court was absolutely correct in dismissing the writ petition against the mere show cause notice. The High Court, by the impugned judgment, held that the appellant should first raise all the objections before the authority that has issued the show cause notice. If any adverse order was passed against the appellant, liberty was granted to approach ..... X X X X Extracts X X X X X X X X Extracts X X X X
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