Hari Ch.Gupta vs State & Ors.
2014 Latest Caselaw 276 Del

                           W.P.(C) No. 28481 of 2013




                  Present : Mr P.K. Nanda, Advocate for the petitioner.

                           Mr S.K. Padhi, Sr. Advocate for the Vig. Deptt.


4.   15.01.2014                  This petition seeks quashing of the show
                    cause notice (Annexure-5 series) dated 21.11.2013.
                                 The allegation in the show cause notice inter
                    alia is that the petitioner has done unauthorized mining
                    which called for penal action under the rules.
                                 Main contention raised on behalf of the
                    petitioner that the records having been seized, the
                    petitioner is handicapped in reply to the show cause
                    notice.
                                 We are of the view that fair procedure requires
                    that copies of the relevant documents are made available
                    to the petitioner to enable him to submit reply.
                                 Mr Padhi, learned Senior Advocate appearing
                    for the Vigilance Department states that petitioner is free
                    to seek copies of the relevant documents. The same shall
                    be furnished at his cost. According to the learned
                    counsel, the record comprises of 2000 sheets.
                                 We direct that if the petitioner himself or
                    through      his    authorized       person      approaches   the
                    Superintendent of Police, Vigilance Cell, Cuttack on 31st
                    January, 2014 at 11 A.M. and seeks copies of the
                    documents, the same will be made available to him at his
                    cost. Thereafter, the petitioner will be at liberty to
                    respond to the show cause notice within one month on
                    which decision may be taken by the concerned authority
                          -2-




      in accordance with law within further period of one
      month.
               The petition is disposed of accordingly.


                                            ..............................
                                             A.K.Goel, C.J.

pcp

                                             .............................
                                              Dr. A.K. Rath, J.