TMI Blog2018 (10) TMI 221X X X X Extracts X X X X X X X X Extracts X X X X ..... his stage, inasmuch as, it may prejudice the rights of either of the parties. This Courts finds that there is no good ground available to entertain this petition and accordingly, Petitions stand rejected. - WRIT PETITION Nos. 23555-23556/2018 (GM-FE) - - - Dated:- 7-6-2018 - MR. ARAVIND KUMAR J. Petitioner (By Sri. Vivek Holla, Advocate) Respondents (By Sri. Madhukumar Deshpande, Advocate for R-1 to R-3) ORDER Though matter is listed for preliminary hearing, by consent of learned counsel appearing for the parties, it is taken up for final disposal. 2. Petitioner has called in question show cause notice dated 30.12.2013, Annexure-`A and the complaint bearing No. T-3/MISC/663/BZ/2002 (AD-MG), dated 30.12.2013, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tute is under challenge this Court may, in the facts and circumstances of such cases, exercise extraordinary jurisdiction vested under Article 226 of the Constitution of India. In other words, as a matter of rule, exercise of jurisdiction under Article 226 of the Constitution of India at the stage of replying to the show cause notice would not be exercised and the exception being under the contingencies as noticed herein above. It is in this background, the facts on hand are required to be examined viz., as to whether the prayer sought for by the petitioner would fall within the four corner of these contingencies or not. 5. It is not the case of the petitioner that the authorities who have initiated the proceedings against the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whereunder, it is specifically contended that the respondent-authorities have provided the relied upon documents to the petitioner. It is stated by respondents in their statement of objections to the following effect : Para-5 : It is alleged xxxx xxxx Xxxx xxxx xxxx xxxx Observing the principles of natural justice, the respondent-authorities provided relied upon documents to the petitioner vide letter dated 08.05.2018. The petitioner sent letter dated 17.05.2018 alleging that he has only received letter dated 08.05.2018 and documents mentioned in the said letter are not provided. On 30.05.2018, the respondent authorities once again provided documents to the petitioner. It is submitted that the allegation of the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cument sought for by the petitioner and not relied upon by the respondent-authorities is being made use of against the petitioner. It is for the appropriate authorities to adjudicate the show cause notice. 9. It is also apt and appropriate to observe at this stage itself that non-furnishing of all the documents may not prejudice the right of the petitioner until and unless it is demonstrated by the petitioner that non-supply of such documents has prejudiced his/her rights and the doctrine of `useless formality theory would be squarely applicable under such circumstances. The Hon ble Apex Court in the case of Aligarh Muslim University and Others Vs. Mansoor Ali Khan reported in AIR 2000 SC 2783 has held as follows: 20. As poin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclusion referred to above,- there has been considerable debate of the application of that theory in other cases. The divergent views expressed in regard to this theory have been elaborately considered by this Court in M.C. Mehta, 1999 AIR SCW 2754: (AIR 1999 SC 2583), referred to above. This Court surveyed the views expressed in various judgments in England by Lord Reid, Lord Wilberforce, Lord Woolf, Lord Singham, Megarry, J.and Straughton L.J. etc. in various cases and also views expressed by leading writers like Profs. Garner, Craig, De. Smith, Wade, D.H. Clark etc. Some of them have said that orders passed in violation must always be quashed for otherwise the Court will be prejudging the issue. Some others have said, that there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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