THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23270 of 2010 ORDER: The petitioner was appointed as a Fitter in the Border Security Force in the year 1993. He was posted at various places ever since then. It is stated that the petitioner submitted applications seeking voluntary retirement, on the ground that he is suffering from epilepsy and other diseases, which render him unfit to discharge the functions. He contends that on 07.10.2008, a show cause notice was issued, requiring him to explain as to why he be not dismissed from service for overstaying with effect from 16.02.2008. A detailed explanation was submitted on 12.11.2008. The 5th respondent issued another show cause notice, dated 28.05.2010 referring to the over stay of the petitioner with effect from 16.02.2008 requiring him to explain why he be not dismissed from service. The said notice is challenged, mainly on the ground that identical notice was issued in the year 2008 and though a detailed explanation was filed, the same was not referred to. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. This Court would be very slow to interfere with the show cause notices, unless they are issued by an authority not vested with the power. The petitioner does not dispute the power of the respondents to issue sow cause notice. In case, identical notice was issued earlier and explanation was submitted, it can be brought to the notice of the authority, who issued this notice, provided the matter has not assumed finality. If any final order has been passed by this time, the petitioner has to seek appropriate remedies vis-à-vis such order. Hence, the writ petition is disposed of leaving it open to the petitioner to submit explanation within a period of six weeks from today, to the impugned show cause notice, if the proceedings are still pending. In case, such an explanation is submitted, the concerned authority shall take the same into account and pass appropriate orders. On the other hand, if final orders are passed in pursuance of the show cause notice, it shall be open to the petitioner to pursue the remedies. There shall be no order as to costs. __________ 21.09.2010 JSU THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.23270 of 2010 Date: 21.09.2010 JSU