c^,^,^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR WRIT PETITION N0 (S). H ! t-0P 2007 PETITIONER ^^ &&p'> ^•^ ^'<'\v>1' ,*>'^%->"" ^"..ej^fs' ..f"'" •^ Prahalad Prasad Sharma, aged about 59 years, son of Late Ramnath Sharma, Occupation- ...•• ^^ service, presently posted as Sub- '.r Divisional Officer, Water Resources Department, Sub Division No.2, Kawardha, District Kabirdham. .-•^\w vs RESPONDENTS <^,-'' <2^\ ^ -^ ^v ^r^ ^ 's': ^1. State of Chhattisgarh, through the Secretary, Ministry of Water Resources, D.K.S. Bhawan, Raipur. eW^INEE'5. 1N <'//£P 2.^-:^ : ^t:—Aa:"—^,Water Resources Department, Sihava Bhawan, Raipur. \^- ^' 3. The Chief Engineer, Niu SflSl <v s.^" •-A, Raipur. MW.f\W.& t-GiOb^Wl^ i ^'^^ 4. The Superintending Engineer, Water Resources _D_epartment, St-ltV^'ftTH C.IK.Ci.e 2)L'c<Gr (C-C,) 5. Shri S.K. Tiwari, Executive Engineer, Water Resources Department, Division Kawardha, District Kabirdham. :. /• WRIT PETITION UNDER ARTICLES 226 ^ QF THE CONSTITUTION OF INDIA. "^ H!GH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. lll2of2007 Petitioner Prahalad Prasad Sharma Versus Respondents State of Chhattisgarh aad othera SIn^e Bench: Hon^Ie Mr. Justice Satish K. Agnlhotri. Shri Diaesh Tiwari, Advocate for the petitioxier. ORDER (Passed on 26th day of Pebniary, ') I. By this petition, the petitioner chaKenges the vaUdily ofthe oiider dated 18.10.2006 (P/2) issued by the Executive Engineer, Water Resources Deparfinent, DMsion Kawardha. District- KabirdhaDi/iiespondent No. 5, whereunder the petitiouer was directed to hand over fhe papera to Shri K.S. Misbia, Attached Officer and the onder dated 12.12.2006 (P/6), whei^under he Was again directed to hand over the said papeis to other officer on tlie ground of lethargic and non-action on the part of fhe petitioner. The show-cause uotice dated 28. 12.2006 (P/8) was issued for initiatmg disciplinaiy action against him fi>r insubordination and by not compfying the orders passed by fhe senior autfaorities, 2. The petitioner, who was working as Assistant Engineer (Valuation), Water Resources Department, Sub-Division No. 2, Kawardha was assigned the additional chai^e of fhe Sub-Divisional OfBcer, Water Resources Departnient, Sub-Division No. 2, Kawandha, District- Kabirdhani tffl further orier, in addition to his original posting, as stated above. The petitioner was found negligent and letfaargic in conduct of the affairs of the said division. Accoriingfy, by the oiders dated 18.10.2006 (P/2) and 12.12.2006 (P/6) he was asked to haud over the additional charge to Shri K.S. Mishra, Attached Officer. 3. The petitioner, despite reminders, failed to comply with the orders passed by the senior ofi5cers. Consequently, the show-cause notice dated 28.12.2006 (P/8) was issued for initmting the discipMuaiy action against him. The petitioner has filed fhis petition impiigniug the orders dated 18.10.2006 (P/2) and 12.12.2006 (P/6) directin^ hini to haud over the additional charge to other officers aad cousequen.tly, the show-cause notice dated 28.12.2006 (P/8) for initiatmg disciplmaiy action against him.. 4. It is well settled prmciple oflaw that the show-cause notice is not a punishment and the High Coitrt in exeroise of extraordinary, discretionary junsdiction should not interfere wifh the show-cause uotice, except ia exceptional cases, whereia grave prejudice would be caused to fhe eniployee. In the preseat case, nothiag has been shown so asto establish great prejudice, Ukely to be caiised to the petitioaer. It appears that the petitioner, m addition to his origmal charge wants to retain additional chflTRe also, wfaereiu he has no righfc The additional charge was assigaed only as a stop gap arrangement. 5. This petition is devoid of merit aud tantamount to misuse of fhe judicial process, There is no seiublance of any legal right, which can be sought to be enforced ui ttus petition. Thus, this petition is suinmarily. - Bablu Sd/- Satish K. Agnihotri Judge