High Court of Punjab and HaryanaLPA/775/2021disposed of

Sonia v. Haryana Electricity Regulatory Commission

2021-09-13Mr. Justice Rajan Gupta,Mr. Justice Karamjit Singh2 pages

LPA-775-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-775-2021 Date of decision : 10.09.2021 Sonia ....Appellant V/s Haryana Electricity Regulatory Commission ....Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH Present :

Mr. Sanjay Kaushal, Sr. Advocate with Mr. Ishan Bhardwaj, Advocate for the appellant. Mr. Sanjeev Kaushik, Advocate with Mr. Rohit Kaushik, Advocate for the caveator-respondent. RAJAN GUPTA J. (ORAL) Case has been taken up on Video Conferencing in view of COVID-19 Pandemic.

Appellant has challenged the order dated 26.08.2021 passed by learned Single Judge. According to learned counsel for the appellant in the impugned judgment, learned Single Judge has not considered that the show-causenotice is a mere eye-wash/formality as it appears that show-cause-notice has been issued with a pre-conceived notion. According to him, filling reply would be an exercise in futility.

Notice of motion.

Mr. Sanjeev Kaushik, Advocate accepts notice on behalf of the caveator-respondent. He has assured the court that in case appellant files reply to the show-cause-notice, the concerned authority shall pass order on merits taking into consideration facts and circumstances of the case as well as the law. All the AJAY KUMAR 2021.09.13 14:58 I attest to the accuracy and integrity of this document

LPA-775-2021 pleas of the appellant raised herein shall be considered and dealt with. The authority shall not be swayed by the observations made in the show-cause-notice and it shall not act in a pre-conceived manner. In view of above, we dispose off this Letters Patent Appeal with liberty to the appellant to submit his reply to the show-cause-notice which shall be considered by the competent authority in light of above. At this stage, Mr. Kaushal, learned senior counsel for the appellant has prayed that two weeks' time may be granted to him to submit the reply. In the interests of justice, we accept this prayer and grant him time as prayed for. (RAJAN GUPTA) JUDGE (KARAMJIT SINGH) JUDGE September 13, 2021 Ajay Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2021.09.13 14:58 I attest to the accuracy and integrity of this document