THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE K.G.SHANKAR WP No.17730 of 2011 Order: ( per Hon’ble Sri Justice Ghulam Mohammed, J ) This writ petition is filed seeking to issue writ of certiorari calling for the records relating to OA No.3379 of 2011 dated 17-6-2011 on the file of Andhra Pradesh Administrative Tribunal, the orders dated 4-5-2011 passed by the 3rd respondent in RC No.984/C1/A5/2010 and set aside the same as the being illegal, arbitrary, unconstitutional, violative of Articles 14, 21 of the Constitution of India. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-I. Perused the impugned order passed by the Tribunal. 3. The petitioner-applicant was issued with a show cause notice Rc.No.984/C1/(A5/2010), dated 4-5-2011 as to why action should not be taken against him for allegedly obtaining job on bogus degree certificate issued by Meerut University. The said show cause notice was questioned by the petitioner before the Tribunal on the ground that he was not given notice nor opportunity before getting information from the Meerut University by the Hon’ble Lokayukta. The Tribunal by the impugned order dismissed the OA on the ground that it is only a show cause notice and the petitioner can take all pleas and defenses that are available to him in his explanation and also there is no final adjudication of the matter. Hence this writ petition. 4. Admittedly, one S. Ramachandra Rao made a complaint against the genuineness of the degree certificate obtained by the petitioner. As observed by the Tribunal, the matter is only at the stage of show cause notice. It is not that the 3rd respondent has straight away imposed punishment based the directions of the Hon’ble Lokayukta to take action against the petitioner on the ground of producing the bogus certificate pertaining to Meerut University. The decision in VK ASHOKAN vs. CCE (2009) 14 SCC 85 cited by the learned counsel for the petitioner is not applicable to the facts of the case, as that was a case relating to cancellation of licence and under those circumstances it was observed that when a licence has been granted, which is subject to exercise of statutory power, the provisions of the statute must be complied with before a penal action thereunder is taken. Such is not the situation in the instant case, as here the petitioner is afforded opportunity to put forth his case by way of issuance of show cause notice and issuance of show cause notice itself is not a punishment. In the circumstances, we do not find any ground to exercise our certiorari jurisdiction and the writ petition is accordingly dismissed. However, it is open for the petitoner to submit his explanation to the impugned show cause notice, if so advised. No costs. ________________________ Ghulam Mohammed, J ________________________ KG Shankar, J Dated: 27-6-2011 Note : cc 3 days. (b/o) Nrg THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE K.G.SHANKAR WP No.17730 of 2011 Order: ( per Hon’ble Sri Justice Ghulam Mohammed, J ) 27-6-2011