WPMS/456/2021
2021 Latest Caselaw 510 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
        ON THE 25th DAY OF FEBRUARY, 2021
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


         Writ Petition (M/S) No. 456 of 2021


BETWEEN:
      Nitesh Kumar                                  ....Petitioner
      (Mr. P.C. Petshali & Mr. Naveen Singh Bisht, Advocates)


AND:
      Indian Oil Corporation Limited
                                                   ....Respondent
      (Mr. V.K. Kohli, Senior Advocate, assisted by Mr. Kanti Ram
      Sharma, Advocate, holding brief of Mr. I.P. Kohli, Advocate)



                         JUDGMENT

Petitioner has challenged the Show Cause Notice, issued to him, on 16.02.2021.

2. It is settled position in law that Show Cause Notice cannot be challenged in a writ petition, unless the authority who has issued Show Cause Notice, is not competent.

3. Since no order, prejudicial to the interest of the petitioner, has been passed as yet and petitioner has only been called upon to submit his reply, therefore, this Court is not inclined to entertain the writ petition.

4. Accordingly, writ petition is dismissed as premature.

5. Learned counsel for the petitioner submitted that the time granted for submitting reply is going to expire shortly. He, therefore, prayed that time be extended for another two weeks from today.

6. In view of the prayer so made, petitioner shall be at liberty to submit his reply within two weeks from today, raising all contentions available to him, under law.

7. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Navin