Efftronics Systems Private Limited v. Research Designs And Standards Organisation

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.25652 of 2018 ORDER:

This writ petition is filed challenging the order dated 17-07-2018, wherein and whereby the respondents have rejected the request of the petitioner for supply of a copy of the proceedings dated 05-01-2018.

Learned counsel for the petitioner submits that since the proceedings dated 05-01-2018 is required for defence to showcause notice dated 13-02-2018, but without considering the same, the impugned order is passed. He also submits that the said proceedings were relied on before Division Bench in earlier litigation i.e. in W.A.No.733 of 2018.

On the other hand, Sri P.Bhaskar, learned Standing Counsel for the respondent submits that the show-cause notice contains allegations and the petitioner is required to reply the same and the proceedings dated 05-01-2018 is only directive from the respondent-railway board for issuance of second show-cause notice.

It is to be seen that the impugned order of rejection is on the ground that the petitioner did not ask the documents well within

(30) days time given by this Court for giving reply to the above show-cause notice. Learned counsel for the petitioner says that on 03-07-2018, the petitioner has asked for the copies of the documents. The case of the respondent-railway board is that the proceedings sought to be taken by the petitioner is only a directive from the respondent-railway board for issuance of another show-

cause notice. Basing on the allegations mentioned in the showcause notice issued to him, the petitioner can give his reply to the same.

Learned counsel for the respondent says that the proceedings sought to be taken by the petitioner is not the only basis for issuance of show-cause notice, it is merely a directive from the respondent-railway board, as such the same is not relevant for the proceedings in question.

In view of the same, since the proceedings sought to be issued to the petitioner is only a directive from the respondent-railway board for issuance of show-cause notice and non-issuance of the same does not affect the case of the petitioner. In view of the same, I do not see any error in the impugned order passed by the respondent-railway board. Learned counsel for the petitioner seeks two weeks time for filing written submissions. Hence, the respondent is directed to permit the petitioner to file written submissions within two weeks from today.

Subject to above observations, the writ petition is dismissed. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 27-07-2018 Note:

Issue CC by 30-07-2018.

B/o.

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