Madras High Court
S.Subbaiah Das vs The Divisional Head (Lpg-S) on 6 January, 2022
W.P.(MD)Nos.16473 and 20817 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD)Nos.16473 and 20817 of 2021
and
W.M.P.(MD)Nos.13352, 13353, 17426 and 17427 of 2021
W.P.(MD)No.16473 of 2021:-
S.Subbaiah Das ... Petitioner
vs.
1.The Divisional Head (LPG-S),
Indian Oil Corporation Limited,
Indane Area Office,
No.2, Race Course Road,
Chokkikulam, Madurai-625 002.
2.The Deputy General Manager (LPG-S),
Indian Oil Corporation Limited,
Indane Area Office,
No.2, Race Course Road,
Chokkikulam, Madurai-625 002.
3.The Committee Member,
Enquiry Committee,
Indane Area Office,
No.2, Race Course Road,
Chokkikulam, Madurai-625 002.
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W.P.(MD)Nos.16473 and 20817 of 2021
4.The Manager (LPG-S),
Block No.1, Yami Apartment,
Udayanagar, NGO “B” Colony,
Tirunelveli Town,
Tirunelveli District-627 007.
5.The Vigilance Officer,
Vigilance Department,
Indane Oil Corporation Limited,
Scope Complex Core-2,
7, Industrial area, Lodhi Road,
New Delhi-110 023.
6.S.Mukesh
7.Suvitha
8.Sudalai @ Vinoth
9.Chandra
10.K.Komala
11.V.Susila
12.J.Viajayalakshmi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned orders bearing No.Ref:MAO/69/19,
dated 28.05.2020 on the file of the second respondent and the
consequential impugned order bearing No.Ref:MAO/361/2021, dated
26.08.2021 on the file of the first respondent and quash the same as
illegal and consequently, to direct the second respondent to reimburse the
fine amount paid by the petitioner of a sum of Rs.5,45,782.46/- to the
petitioner.
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W.P.(MD)Nos.16473 and 20817 of 2021
For Petitioner :Mr.G.Prabhu Rajadurai
for R.Shankar Ganesh
For R1 and R2 :Mr.K.Muralidharan
For R6, 7 and 9 to R12 :No Appearance
W.P.(MD)No.20817 of 2021:-
S.Subbaiah Das ... Petitioner
vs.
1.The Divisional Head (LPG-S),
Indian Oil Corporation Limited,
Indane Area Office,
No.2, Race Course Road,
Chokkikulam, Madurai-625 002.
2.The Deputy General Manager (LPG-S),
Indian Oil Corporation Limited,
Indane Area Office,
No.2, Race Course Road,
Chokkikulam, Madurai-625 002.
3.S.Mukesh ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned orders bearing No.Ref:MAO/458/21,
dated 28.10.2021 on the file of the second respondent and quash the
same as illegal and consequently, to direct the first respondent to not to
entertain vexatious complaints from the third respondent's family and
friends as against the petitioner.
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W.P.(MD)Nos.16473 and 20817 of 2021
For Petitioner :Mr.G.Prabhu Rajadurai
for R.Shankar Ganesh
For R1 and R2 :Mr.K.Muralidharan
*****
COMMON ORDER
W.P.(MD)No.16743 of 2021 had been filed in the nature of
Certiorarified Mandamus seeking interference with the orders of the
second and first respondents dated 28.05.2020 and 26.08.2021,
respectively and seeking a direction to the second respondent to
reimburse the fine amount paid by the petitioner of a sum of
Rs.5,45,782.46/-.
2.W.P.(MD)No.20817 of 2021 had been filed in the nature of
Certiorarified Mandamus seeking interference with the order of the first
respondent, dated 28.10.2021 and to direct the first respondent to not to
entertain vexatious complaints from the third respondent's family and
friends as against the petitioner.
3.Heard Mr.G.Prabhu Rajadurai, learned Counsel for
Mr.R.Shankar Ganesh, learned Counsel for the petitioner and
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W.P.(MD)Nos.16473 and 20817 of 2021
Mr.K.Muraleedharan, learned Counsel for Respondents 1 to 5 in W.P.
(MD)No.16473 of 2021 and Respondents 1 and 2 in W.P.(MD)No.20817
of 2021.
4.The petitioner was Proprietor of one Nellai Indane Gas Agency
at Tirunelveli. Various irregularities have been alleged against him.
Since an enquiry has to be conducted by the official respondents, let met
not enter into a detailed discussion about the facts. If in the course of
any discussion, any opinion is expressed, it might prejudice either the
petitioner or to the respondents. Therefore, quite specifically, I restrain
myself from entering into any discussion on facts. The show cause
notice, dated 28.05.2020 is questioned in W.P.(MD)No.16473 of 2021.
5.There are a string of judgments which had been stated to hold
that challenge to a show cause notice should not be entertained by any of
the Court of law and a direction must be given to the petitioner to reply
to the said show cause notice. However, the Writ Petition has been filed
immediately on the very next day and it has been kept pending till this
date. The petitioner did not reply to the said show cause notice. This led
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W.P.(MD)Nos.16473 and 20817 of 2021
to the official respondents to issue the impugned order, whereby, in view
of the irregularities and more particularly, in view of the explanation not
being given, it had been stated that the petitioner is deemed to have
accepted the commission of such irregularities and finally, it had been
stated that penalty had been imposed on the petitioner to a sum of
Rs.6,37,740.10/-. This is impugned in the second Writ Petition in
W.P(MD)No.20817 of 2021.
6.Let me of centre down to the basic principle, namely, that
challenge to a show cause notice is strictly not maintainable before a Writ
Court under Article 226 of Constitution of India. However, the petitioner
had filed the Writ Petition. The matter had been kept pending for the
past four or five months. In the meanwhile, the second impugned notice
came to be passed inviting the petitioner to file the second Writ Petition.
7.Let me set the clock a little back and set aside the impugned
notice, dated 28.10.2021 and direct the petitioner to give a reply to the
show cause notice, dated 26.08.2021. On receipt of a reply, the official
respondents are at liberty to pass any order in accordance with the
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W.P.(MD)Nos.16473 and 20817 of 2021
averments made in the show cause notice and in the reply given by the
petitioner.
8.In view of that particular opinion expressed by me, W.P.(MD)No.
20817 of 2021 is allowed and the impugned order, dated 28.10.2021 is
struck down.
9.The official respondents are not left high and dry. The petitioner
is directed to reply to the show cause notice issued in W.P.(MD)No.
16473 of 2021 within a period of 15 days from the date of receipt of a
copy of this order and on receipt of such reply, the official respondents
are at liberty to proceed further in manner known to law. Therefore,
W.P(MD)No.16473 of 2021 is disposed of granting liberty to the
petitioner as aforesaid to reply to the said show cause notice.
10.In the said Writ Petition, there is yet another impugned notice,
which is questioned, namely, dated 28.05.2020 by which the petitioner
had been imposed with a fine of Rs.5,45,782/-. The challenge to that is
withdrawn by the learned Counsel for the petitioner. That fine stands.
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W.P.(MD)Nos.16473 and 20817 of 2021
11.In effect
(1)W.P.(MD)No.16473 of 2021 is disposed of. A direction is
given to the petitioner to reply to the show cause notice, dated
26.08.2021 within a period of 15 days from the date of receipt of a copy
of this order.
(2)W.P.(MD)No.20817 of 2021 is allowed and the impugned order,
dated 28.10.2021 is struck down.
(3)The official respondents are at liberty to proceed in manner
known to law, if reply is given by the petitioner to the show cause notice
within a period of 15 days, as directed supra in (1).
(4)If the petitioner can fit himself into the four corners of the rules
and regulations and if deemed so, he may file an appeal questioning the
impugned order, dated 28.05.2020. Acceptance and admittance of such
appeal is left to the discretion of the official respondents.
5)No costs. Consequently, connected miscellaneous petitions are
closed.
Index :Yes / No 06.01.2022
Internet :Yes
cmr
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos.16473 and 20817 of 2021
C.V.KARTHIKEYAN, J.
cmr
Order made in
W.P.(MD)Nos.16473 and 20817 of 2021
06.01.2022
https://www.mhc.tn.gov.in/judis
