.\0 IN THE HIGH COURT OF JUDICATURE AT B!LASPUR. CHHATTISGARH Writ No.^\^^f2005 PETITiONER: ,1 to Donu Das Dhakate, S/o Shri Shyam Das Dhakate, Aged about 36 years, Working as Assistant Director (Technical) in the Office of Directorate of Rural Industry (Handloom), Sonakhan Bhawan, Ring Road, Raipur, R/o419, SundarNagar, Raipur, Chhattisgarh. - Versys RESPONDENTS: ^z.-^ ^^ ^% /x/.^^ y-.' .ry/ ^: ^•.y^ ^- ^o r\ State of Chhattisgarh, Through the Secretary, Department of Rural Industry, Mantralaya, D.K.S. Bhawan, Raipur, Chhattisgarh. The Director, Gram Udyog Sanchalanalay (Handioom), Sonakhan Bhawan, Ring Road, Raipur, Chhattisgarh. WRIT PETITION ARTICLE 226/227 OF THE CONSTSTUTiON OF SND1A FOR ISSUANCE OF APPROPRIATE WRIT/WRITS. DIRECTSONS ETC.. IN THE NATURE OF MANDAMUS. CERTIORARI AND/OR ANY OTHER SUITABLE OF LIKE L._.^_.. Xt-HC-78 <1W^T ^m^ v}T^i-qi<iio)«,y>-al\-i<i<?, Roi^yx hjP S^^fo^ ••••.••• • •.•••••••••.•••• fjH •• • • • •.• • »a • •• •• W^200 3ni?Tt^^ (!^ciij<si<^) 3iT^^Tqnf^=rt<p n^TTW^^T^b^icb ¥- ^ITSR^rf^T 3TT^$T 24/10/2005 ioner Shri Prashant Jaiswal, S^ learned counsel for the petitiop Shri Bhaskar Pyasi, Panel Heard. The petitioner/ who h Assistant Director (Technical)l Industry (Handloom), Sonakha} this Writ Petition for quashin^ Annexure P-8, The of the petitior^ which is Scheduled Tribe, A| certificate was made vide Chhattisgarh AdivGsi Vikas Pai| Vibhag / D. K. BhawGn Mantralay^ basis of this informGtion, direc|l on 4/7/2005 to all the con^ enquiries be instituted ag^i Department hotding the po{ Scheduled Tribe (Annexure t orders issued by the Secretar ^nior Advocate with Shri Vinay Pandey, <pi<i^^vi Tn1^t yir fcL<3 <<f^i^i< ^3rf^T3S?^^t r* Lawyer for respondent Nos.l and 2. presently working on the post of in the Office of Directorate of Rural 1 Bhawan, Ring Road, Raipur has filed/ of the show cause notice contGined in diredtions is that he belongs to 'HaIba' caste/ complaint regarding the forged caste Annexure P-5 by the President, ishad to the Secretary, Gram Udhyog i, Chhattisgarh . , Raipur. On the wer@ issued fromthe Secretariat krned and it was directed that the inst such persons working in the sts reserved for the members of )-7), In pursuance of the aforesaid at, a show cause notice on 08/07/2005 XI-HC-78 \3^q -qiqip)^, yTyi^-|;l|<i, f^riN-f^ WI^T^TTq? 3TT^?T CR^ ('idfg^) W[2M 3n^$T<PTf^Tfzp ^T^TTCT^^Ta^TraT •^- ?^TTWr ^rftpT 3TT^^T has been called upon to furnis^ caste and his caste certificatel concemed authority i,e, Dy. cpi^foJ)^ <1!^Y^?f^t<9 ^Rri^-dl^ ^3lf^T3n^?T (Annexure Pn-8) has been issue^l to the petitioner and the petitioner (Handbom), Raipur/the petitio^er has filed this writ petition. It has been held by thj matter of Speclsl Dircctar d necessary information relating to his It is against this action taken by the Director, ^ram Udyog Sanchalanaiay e Apex Court while dealing with the ^ anQthcr vs. Mohd. ^ulsm ffhQusc and anofher. 2004 AIR SC^ ^J^ that unless, the High Court is- satisfied that th©show cause taw for absolute want of ^ lotice was totaliy non est in the eye of irisdiction of the authority to even investigate into facts, writ pet tions should not be entertained for the mere asking and as a matter t'outine, and the writ petitioner should invariably be directed to respo|id to the show cause notice and take all stands highjighted in the wrjit petition. Whether the show cause notice was founded on any iegc^l premises isa jurisdictional issue which can even be urged by th©reci^ient of th©notice and such issues also can be adjudicatedby the aut'hority issuing the very noticeinitiatly, before the aggrieved could ap^rqach the Court, In view of the afores^id Eegal position/ I am not inclined to int©rferein this writ petitio^ issued to the petitioner, with the aforesaid show cause notice XI-HC-78 Hltiwi^mqy ^wl" 'r<41<flO^,U>TH^I<l(?, RlrtW^ ^......^.t3....-?'.^.^ ^200 3TT^^TcpTf^:Tfcp ^piTan^^T^Rtcp ^ ^. rt*- "<""- /- ^' ^' 3TT^?Tq^|5(4^ijc|<ri) The petitioner wpuld concemedauthority and to s^ raise ail his grounds which he| fact, this petition at the sta^ premature, The petition has no meri| observations as aforesaid. Consequently, I^ No,89( No.4150/2005 stands disposed) ^e at tiberty to appear before the bmit his reply, if not submitted^and is high!ighting before this Court, In of issuonce of show cause notice is <ps<it<Q<TI'i+ii*icf)V^"fe^ ^Fji^i^ ^3Tf^T3?T^$T i^ and the same is disposed of with the 5/2005 for yrgent hearing and M(W)P |of. Sd/- Sunil Kumar Sinha Judge