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TMI Blog2001 (12) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned show-cause notice should not have been issued as thereby the penalty proceedings are sought to be revived which were earlier dropped. Such a contention, in our opinion, can be raised before the concerned respondent. It is now well settled that although this court in exercise of its writ jurisdiction in entertaining a writ petition, wherein determination of writ jurisdictional fact is inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciation of evidence, should be left to be tried by the Special Tribunals constituted for that purpose. If and after the Special Tribunals try the preliminary issue in respect of such jurisdictional facts, it would be open to the aggrieved party to take that matter before the High Court by a writ petition and ask for an appropriate writ. Speaking generally, it would not be proper or appropriate tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arty who feels aggrieved by the finding of the Tribunal on this preliminary issue may move the High Court in accordance with law. Therefore, we are not prepared to accept Mr. Sastri's argument that the appeal court was wrong in reversing the conclusion of the trial judge in so far as the trial judge proceeded to deal with the question as to whether the action of the appellant was a closure or a lo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aced by the Government servant and only thereafter a final decision in the matter could be taken. Interference by the court before that stage would be premature. The High Court in our opinion ought not to have interfered with the show-cause notice." Having regard to the aforementioned pronouncements we are of the opinion that the petitioner may raise the contention raised in this writ petition b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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