Koushal Kumar Sonkar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2936 of 2015 • Koushal Kumar Sonkar S/o Rajkumar Sonkar Aged About 33 years Posted As Constable No. 1233 At District Special Force, Kanker, District Kanker (Chhattisgarh).
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Home Department, Mahanadi Bhavan, Mantralaya, New Raipur, District- Raipur (Chhattisgarh)
2. Director General Of Police (Administration), Civil Lines, Raipur, District Raipur (Chhattisgarh)
3. Superintendent Of Police, North Bastar Kanker, District Kanker (Chhattisgarh) ---- Respondents For Petitioner :
Shri NK Chatterjee, Advocate For Respondent-State :
Shri YS Thakur, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/08/2015
1. Petitioner has preferred this writ petition challenging the show-cause notice issued by the Superintendent of Police, North-Bastar, Kanker, requiring the petitioner to show-cause as to why appropriate action be not taken against him for obtaining two simultaneous appointments, one in the 7th Battalion, Chhattisgarh Armed Force and the other in the Kanker District Forces.
2. It is a well settled principle of law that ordinarily a writ petition would not lie against the show cause notice unless it is shown to the satisfaction of the Court that the authority issuing the notice has no jurisdiction over the matter
(See Union of India and another vs. Kunisetty Satyanarayana1 , Special Director and another vs. Mohd. Ghulam Ghouse and another2, Executive Engineer, Bihar State Housing Board vs. Ramesh Kumar Singh and others 3, and State of Uttar Pradesh vs. Shri Brahm Datt Sharma and another4).
3. Considering the settled legal position, this Court is not inclined to entertain this writ petition. Accordingly, the writ petition is dismissed as not maintainable, however, the petitioner may submit reply before the Superintendent of Police, North Bastar, Kanker, in accordance with law. Sd/- Judge Prashant Kumar Mishra ashu AIR 2007 SC 906 2004 AIR SCW 416 1996 (1) SCC 327 AIR 1987 SC 943