inff?g IN THE HIGH COURT OF JUDICATURE, AT BILASPUR (C.G.) ^ ~- - ^ 7-7-7' Writ Petition No. ^--S^~[ /2005 's.1 PETITIONER Surajana Patre D/o J.R.Patre Aged about f,^ years R/o Village Birgaon Post & Teh. Mungeli Distt. Bilaspur (C.G.). VERSUS RESPONDENTS ...^V^^l' Collector Bilaspur Distt. Bilaspur ,.;r9'" ^ C.G. / ^ ^y ^- ^'\^i> ><<^' .'sy''r.-'''' t\^Ijt^' PETITION UNDER ARTICLE 2^6/227 OF THE i^ ___-_________„ _ CONSTITUTION OF INDIA. ^'.^..••'/ '^-'The C.E.O. Janpad Panchayat ^o>'-^f .-•• ^ Mungeli Distt. Bilaspur (C.G.)' ^>~''s7'^y'f ^.^y'. X State of Chhattisgarh ..- yiw;" N^:"^s ^^^^^•^®: ^vcf^WicW, y-ri)'<i<is, R«i'<iy'< IFT^TSFTT^ P.-..A.SA.7. sii^nwfiaw aaiTan^na'qiw .-iiteSS: ^^^^si^?:-"%s:^." 3ff^9l q^q? (t^ijel.Ei) ^200S^ B^iT8R^?[3II^?T Shri C)inesh R.K-Tiij sy way 01- this ,+t ni Learned coui'isei fc was appointed as Shiksl ;r, the petition' then she is working Collector, .Bilaspur, all. of The further conte hat the services of the AA.P.(C.(5.) Panchayat Shi Seryice) Rules, 1997 anc appeilate authority, ther <l»l'ytd41-1*fl*ld)'4"ls'<l •(lult^l'l ^aiRPTSll^T ^ »ari,counsel for the Detitioner. petition, fiied under Article 226/227 of the le petitione.i" has challenged the legality of stice dated 10.8.2005 issued by Collector, r the petitioner submits that the petitioner ia Karmi ©rade-III in Block Muncieli vide ;d 4.6.2005. He further submits that sr joined in her respective Institution and on the said post jn the said Institution. The a sudden issued a show cause notice to the 1 her to file her reply on 22.8.2005 at 11.00 ition of learned counsel for the petitioner is ^etitioner are governed by the Provisions of ksha Kcsrmi (Recruitment and Condition of in the aforesaid ruies, the Collector is an bfors, issuaice of notice to sl SF '^ f \d-cci<-<iioin<4/t»-nl<(i<is,l6|«i'<ig'< «ll*tWj^TT^ 3ii^?r®r®gi®i aansn^ffgnite Ji 31T^?T qg?P (^rfg^) g^ifw^rfteTsn^sT —2-— is noT n quashed. jnterference by writ cou settied. The;Hiah Court Even in:.such situatl is challenged, it has beej should reach to the autha jun >een tion w. propriate order on heid in the matter fgh Court i^ in the eye the authority to even inv| The n show cause notice and ta Whether the show cause '.< <OI<<f<B'J)'1 <1l*inT^"(^'^l '(fat^K <l?3iRl*ian^sT :COI scme shouid be to filing of the writ petition and rt in the matter of show cause is now •4-< is not reqi the same is not in conformity with the Rules Sued by the authority ha'/ing no jurisdiction on whether the jurisdiction of the authority 1 suggested that first of all the petitioner rity and fife a rep!y / objection regarding his srity should be given ah opportunit'/ to pass ie objec+ion raised by the.petitioner. It has SEI reported in JT 2004 ;(1) SC page 206 that sa+isfied that the show cause notice was of iaw for "absolute" want of jurisdiction of sstigate into facts, writ petitions should not iere asking and as a matter of routine, and d invar'iably be directed to respond to the <e all stands highlighted in the writ petition. notice was founded on any iegal premises is a SP/FS/2005-20,000^ ^•cq '<<i<ii«*i,t»TTt<«<i«,Ri«i'<4y'< IIIWI^TT^ gn^?TTiftqrai aaiT3II^STri)*f yy- ..^ 3aw ?RIf8R'Hf6ct SII^CT — 3 311^91 q^q? (4d(j<s|^) jurisdictionai issue which. notice and such, issues afs' the very notice initially, totaijy non est in the eys o not inclined to entertain notice issued to the petitic^ The eetition is dismil Howeyer, liberty is ^ before the concerned autH jurisdiction is raised by iV\ The Detition stands In "iew of thi stand disposed of. fni<<f»'i1l*il*i«ltfls*<3 '(R'tS'^ ^SlNtHSII^ST •^ fcan even be urged by the recipient of the can be adjudicafed by the authority issuirii aDDroach tl ^ould not satisfy that the show cause was f law for want of absolute jurisdiction, I ann +his writ petition against the show cause (nerat this stage. bsed. ranted to the petitioner that if t(ie concerned authority, she may appear authjority and file her rep'y. She may also raise and if such a reply is fiied and ground of th|e petitioner, the competent authority shall first of all decide the grojjnd of jurisdiction and'thereafter, proceed in the matter in accordanct with law. pinaily disposed of. i ", M.W.P.No.3685/2005,1.A.No.8189/200E rules. Sd/- Suni] Kumar Sinha Judge