Court No. - 32
Case :- WRIT - C No. - 24134 of 2019 Petitioner :- Sanjeev Gupta Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Abhishek Mayank Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed challenging the show cause notice dated 28th June, 2019 issued by the respondent no. 3, whereby the petitioner has been asked to file his reply within a period of one week from the date of receipt of notice and after expiry of one week neither the reply will be accepted nor any further time would be granted.
Learned counsel for the petitioner submits that the petitioner has received the said notice on 17.07.2019 and on 18.07.2019 he approached the respondent no. 3 along with his reply and all other relevant records, but the same was not accepted by the respondents on the ground of delay. Therefore, the act of the respondents is wholly illegal and arbitrary. He further submitted that the condition mentioned in the notice dated 18th June, 2019, for not providing any further time to file reply, is wholly arbitrary and illegal. Therefore, the notice dated 18.06.2019 is liable to be quashed.
Heard learned counsel for the parties and perused the records.
We find substance in the submission made by the learned counsel for the petitioner. When the notice itself was received by the petitioner on 17th July, 2019 and approached the respondents on 18.07.2019, it cannot be said that any delay has been caused by him. Therefore, the respondents are not justified in not accepting the reply of the petitioner. The condition contained in the said notice that no further time will be provided for the reply also appears to be wholly arbitrary, illegal and not sustainable in the eyes of law. The authority concerned should at least examine the reasons which caused delay in submitting reply.
Considering the facts and circumstances of the case, we direct the petitioner to file his reply within a period of fifteen days from today along with certified copy of this order before the respondent no. 3, who shall consider the same and pass a reasoned and speaking order expeditiously, after considering the reply of the petitioner. In case any order has already been passed by the respondents, the same shall be kept in abeyance and shall not be given effect to.
It is made clear that in case the reply enclosing certified copy of this order is not filed before the respondent no. 3 within the time specified by this Court, the benefit granted under this order shall automatically cease to operate.
With the above observation/direction, the writ petition is disposed of.
Order Date :- 25.7.2019 Pkb/