Appealability requires an adjudicatory order; a mere direction to furnish particulars before show cause notice is not appealable.

An appeal does not lie against a departmental direction asking for particulars before issuance of a show cause notice, because such a direction is not an adjudicatory order. In the absence of a show cause notice and any adjudication by the competent authority, no appealable order exists. The proper course is for the department to proceed in accordance with law if it so advises; the appeals before the Collector (Appeals) were therefore not maintainable and the impugned orders were set aside.

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Issues: Whether an appeal lay before the Collector (Appeals) against a direction issued by the Superintendent calling for particulars before issuance of a show cause notice, in the absence of any show cause notice or adjudication order.

Analysis: The proceeding before the Collector (Appeals) arose only from a departmental direction to furnish particulars and not from any adjudicatory order. In the absence of a show cause notice and any adjudication by the competent authority, there was no appealable order in existence. The proper course was for the department to proceed in accordance with law if it so advised.

Conclusion: The appeals before the Collector (Appeals) were not maintainable and the impugned orders were set aside.

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