Society For Eradication Of Cruelties To Humans v. Government Of NCT Of Delhi And ORS

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 846/2020 SOCIETY FOR ERADICATION OF CRUELTIES TO HUMANS ..... Petitioner Through Ms.Nanda Devi Deka and Mr.Sudhir Yadav, Advs.

versus GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents Through Mr.Satyakam, ASC.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 24.01.2020 CM No.2658/2020 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 846/2020 & CM No.2657/2020 (Stay) 1.

This petition has been filed challenging the Show Cause Notice dated 25.06.2019 issued by the respondent no.3.

2.

The learned counsel for the petitioner, relying upon the order dated 13.02.2019 passed by this Court in WP(C) 6457/2013, titled Society for Eradication of Cruelties to Humans v. Government of NCT of Delhi and Ors., submits that the respondents were directed to consider the representation of the petitioner, however, instead of doing so, have issued the Show Cause Notice to the petitioner. She further submits that before issuance of Show Cause Notice, the respondents have not carried out any inspection of the premises of the petitioner. It is further asserted that the

Show Cause Notice is vague in nature.

3.

I have considered the submissions made by the learned counsel for the petitioner, however, find no merit in the same. This Court in its order dated 13.02.2019, while setting aside the earlier order withholding disbursement of grant of aid and withdrawal of sanction in favour of the petitioner, had directed as under:

"13. The petitioner would be at liberty to make a detailed representation with regard to the above. The respondents would be at liberty to seek further information with regard to the working of the Health Post from the petitioner to satisfy themselves that the petitioner has diligently discharged the services as required. In the event, the respondents are of the view that there is any irregularity in running of the programme, the same shall be communicated to the petitioner and the petitioner would be given full opportunity to respond to the same. The concerned authority shall take an informed decision after affording the petitioner an opportunity to be heard in this regard. Needless to state that if the petitioner is aggrieved by the same, the petitioner is at liberty to apply." 4.

The Show Cause Notice has been issued by the respondents pursuant to the liberty granted by this Court. As presently only a Show Cause Notice has been issued to the petitioner, it is for the petitioner to show cause against the same and it would always be open to the petitioner to challenge the decision taken by the respondents on such Show Cause, if found adverse to the interest of the petitioner. At the present stage, this Court does not deem it proper to interfere in such proceedings.

5.

In view of the above, the petition is dismissed. NAVIN CHAWLA, J JANUARY 24, 2020/Arya