M/S Mahindra Traders vs Union Of India And Another on 24 October, 2009

Civil Writ Petition No. 3960 of 2009                                 1




      In the High Court of Punjab and Haryana, at Chandigarh.


                  Civil Writ Petition No. 3960 of 2009

                     Date of Decision: 24.10.2009


M/s Mahindra Traders
                                                             ...Petitioner
                                 Versus
Union of India and Another
                                                          ...Respondents


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Arun Jain, Senior Advocate
         with Mr. Sunil Sharma, Advocate
         for the petitioner.

          Mrs. Kulwant K. Kahlon, Advocate
          for the respondents.


Kanwaljit Singh Ahluwalia, J. (Oral)

A show cause notice was issued to the petitioner. The

petitioner is assailing show cause notice on the ground that already

opinion has been expressed that no investigation as provided in para 19

(c)(ii) of the Government of India, Ministry of Defence letter dated

28.9.2006 is necessary.

This is not a conclusive opinion, it is a presumptive opinion.

Petitioner may reply to the show cause notice and explain to the

Authorities that the investigation is necessary.

Apprehension of the counsel that the concerned Authority will

not pass a speaking order seems to be unfounded as it is expected that

any Authority acting within the command of law shall act according to
Civil Writ Petition No. 3960 of 2009 2

the norms, which are appreciated by the Courts.

With the observations made above, the present petition is

disposed of.

(Kanwaljit Singh Ahluwalia)
Judge
October 24, 2009
“DK”