Allahabad High Court High Court

Ram Kumar Soni vs State Of U.P. Thru Rev. Sec. Lko. … on 1 July, 2010

Allahabad High Court
Ram Kumar Soni vs State Of U.P. Thru Rev. Sec. Lko. … on 1 July, 2010
Court No. - 38

Case :- WRIT - A No. - 37522 of 2010

Petitioner :- Ram Kumar Soni
Respondent :- State Of U.P. Thru Rev. Sec. Lko. And Another
Petitioner Counsel :- Byankateshwar Prasad
Respondent Counsel :- C.S.C.

Hon'ble Shishir Kumar,J.

Heard learned counsel for the petitioner and learned Standing
Counsel

Petitioner, who is Lekhpal has been suspended pending inquiry. A
show cause notice dated 22.06.2010 has been given to the
petitoner directing the petitioner to submit a proper reply. In case
petitioner wants person hearing, he may submit an application to
that effect. But the petitioner without submitting any reply has
approached this Court against the said notice.

In view of the facts and circumstances of the present case, in my
opinion that this Court cannot interfere being fact that the
disciplinary authority himself has directed the petitioner to avail
the opportunity of personal hearing and in case he does not submit
any reply or submits a request to that effect there will be a
presumption that he has nothing to say.

In my opinion show cause notice issued by the competent
authority does not violate or can be said to be against the Principle
of natural justice, therefore, no interference is called for.

Writ petition devoids of merit. It is hereby dismissed.

No order as to costs.

Order Date :- 1.7.2010
Pr/-