Andhra HC (Pre-Telangana)
Sgt. Acharya A.K. vs Indian Air Force And Ors. on 23 April, 2001
Equivalent citations: 2001(3)ALT532
Author: S.B. Sinha
Bench: S.B. Sinha
JUDGMENT S.B. Sinha, C.J.
1. This writ appeal is directed against the judgment and order passed by the learned Single Judge in W.P. No. 6479 of 2001 whereby and whereunder the writ petition filed by the appellant herein was dismissed.
2. The petitioner in the aforementioned Writ petition questioned the show-cause notice dated 17th March 2001. Learned Counsel appearing on behalf of the appellant raised two contentions before us: (1) Having regard to the opinion formed in paragraph 6 of the impugned notice, it must be held that the authority has already arrived at a finding; (2) In any event, in view of the finding that he is unsuitable for holding the office, Rule 15 of the Air Force Rules, 1969, would apply. In State of U.P. v. Brahm Datt Sharma, the apex Court held that:
"When a show-cause notice is issued to a Government servant under a statutory provision calling upon him to show-cause, ordinarily the Government servant must place his case before the authority concerned by showing cause and the Courts should be reluctant to interfere with the notice at that stage unless the notice is shown to have been issued palpably without any authority of law. The purpose of issuing show-cause is to afford opportunity of hearing to the Government servant and once cause is shown it is open to the Government to consider the matter in the light of the facts and submissions placed by the Government servant and only thereafter a final decision in the matter could be taken. Interference by the Court before that stage would be premature."
3. The purported opinion expressed in paragraph 6, in our considered view, must be held to be a tentative one. Such opinion must be read together with the statements made in paragraph 7 thereof. The appellant herein may raise all contentions before the said authority in reply to the said show-cause notice including the contention that the matter comes within the purview of Rule 15 of the Air Force Rules. Having regard to the fact that the purpose of issuance of show-cause notice will be defeated if at this stage we interfere in the matter. We are of the opinion that the learned Single Judge has arrived at a correct conclusion in dismissing the writ petition at this juncture.
4. We find no merit in this writ appeal. It is accordingly dismissed. The appellant may however file a reply to the show-cause notice within two weeks from date. There shall be no order as to costs.