Originally the writ petitioner has challenged the show cause notice dated 28.10.2009 issued by the 2nd respondent, calling for the explanation from the petitioner. This Court by order dated 04.03.2010, has passed the well considered order that the impugned order dated 28.10.2009 is only a show cause notice and the petitioner has to submit his explanation for the said notice. When the petitioner has challenged the impugned show cause notice on 04.03.2010, while dismissing the said writ petition, the learned Judge has directed the petitioner to offer an explanation for the notice that has been given to him and for the charges that was levelled against the 2nd respondent.
2.This Court and the Hon'ble Apex Court very categorically held in various cases that challenging the show cause notice is not maintainable since it was only a show cause notice for that the delinquent should give explanation and the same can be considered by the authority, who passed the order either to close the show cause notice or to proceed further. Therefore, considering the nature of impugned order, the learned Judge of this Court while dismissing the writ petition, directed the petitioner to give explanation for the impugned show cause notice dated 28.10.2009. Now, this petitioner has filed this review application for reviewing the earlier order passed by this Court dated 04.03.2010.
3.The petitioner has to see the order passed by this Court on 04.03.2010 has not dismissed the writ petition on merits since the impugned order is only a show cause notice, and the petitioner should give the proper explanation to the show cause notice. Thus being the case, there is no necessity arose to this Court for reviewing the order passed by this Court on 04.03.2010, since in this case in the review petition, there is no legal issues to be decided by this Court since the learned Judge has simply dismissed the writ petition and directed the petitioner to give explanation only. Therefore, there is no necessity arosed by this Court for reviewing the order passed by this Court on 04.03.2010. Accordingly, the same is dismissed.
To
1.The Commissioner, H.R.&C.E. Department, Nungambakkam High Road, Chennai-600 034.
2.The Joint Commissioner, H.R.&C.E. Madurai -625 002..