Jurisdictional challenge to show-cause notice to be decided first by speaking order after hearing, with coercive action stayed meanwhile.

A challenge to a show-cause notice on jurisdictional grounds was not examined on merits; the petitioner was instead directed to file a reply raising all objections, including lack of jurisdiction. The adjudicating authority was required to decide the jurisdiction issue first by a reasoned and speaking order after granting an opportunity of hearing. No coercive steps were to be taken meanwhile, provided the reply was filed within time. The ruling therefore emphasises that jurisdictional objections in reply should be considered at the threshold before further adjudication proceeds.

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Issues: Challenge to the jurisdiction of the authority issuing the show-cause notice and the course to be followed for adjudication of the reply.

Analysis: The writ petition assailed the show-cause notice as being without jurisdiction and contrary to the departmental instruction relied upon. The matter was not taken to a merits adjudication of the notice; instead, the petitioner was directed to file a reply raising all grounds, including jurisdiction. The adjudicating authority was directed to decide the issue of jurisdiction first by a reasoned and speaking order after granting an opportunity of hearing, and no coercive step was to be taken meanwhile, subject to the petitioner filing the reply within time.

Outcome: The writ petition was disposed of with directions to file a reply and for the authority to decide jurisdiction first by a speaking order after hearing the petitioner.

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