Show cause notice challenge rejected where the petitioner was directed to respond before the adjudicating authority

A writ petition challenging a show cause notice was not entertained at the stage of issuance where the petitioner still had an opportunity to submit an explanation before the adjudicating authority. The petitioner was directed to file a detailed reply within ten days, after which the authority was to consider the explanation, provide due hearing, and decide the matter in accordance with the counter affidavit. The show cause notice was therefore left undisturbed, and the petitioner was relegated to the statutory adjudication process.

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Issues: Whether the writ petition challenging the show cause notice was maintainable for quashing the notice at the stage of issuance, despite the petitioner having an opportunity to submit an explanation before the adjudicating authority.

Analysis: The petitioner was directed to file a detailed explanation to the show cause notice within ten days. The adjudicating authority was then required to consider the explanation, afford due opportunity of hearing, and decide the matter in accordance with the counter affidavit.

Conclusion: The show cause notice was not quashed in writ proceedings and the petitioner was relegated to reply before the authority.

Final Conclusion: The writ petition was disposed of without interfering with the impugned show cause notice, leaving the petitioner to pursue the statutory adjudication process.

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