TMI Blog2023 (3) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... interdicted till it reaches its logical conclusion. Having due regard to the aforesaid legal position, as there is nothing which precludes the Petitioner from raising the contentions in this Writ Petition in the reply to be submitted to the Respondents, who are bound to deal with the same before coming to any ultimate conclusion, there is no necessity for the Court to interfere at this pre-mature stage of the matter. It shall be incumbent upon the Petitioner to submit its explanation to the show cause notice, which is impugned in the Writ Petition, if not done already, to the concerned authority by 31.03.2023 - Petition disposed off. - W.P. (MD) No. 1030 of 2023 And W.M.P. (MD) Nos. 970 and 971 of 2022 - - - Dated:- 24-1-2023 - H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the 46th Amendment. 52.3 Sub-clause (f) of Article 366(29-A) has no application to members' clubs. 4. The consistent legal position has been reiterated by the Hon ble Supreme Court of India in Union of India -vs- Kunisetty Satyanarayana [(2006) 12 SCC 28] that a charge memo or show cause notice cannot be challenged before the completion of enquiry and the proceedings cannot be interdicted till it reaches its logical conclusion. It would be useful here to extract the relevant passages from the said decision which read as follows:- 13. It is well settled by a series of decisions of this Court that ordinarily no writ lies against a charge sheet or show-cause notice vide Executive Engineer, Bihar State Housing Board -v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w-cause notice if it is found to be wholly without jurisdiction or for some other reason if it is wholly illegal. However, ordinarily the High Court should not interfere in such a matter. Having due regard to the aforesaid legal position, as there is nothing which precludes the Petitioner from raising the contentions in this Writ Petition in the reply to be submitted to the Respondents, who are bound to deal with the same before coming to any ultimate conclusion, there is no necessity for the Court to interfere at this pre-mature stage of the matter. 6. In such circumstances, without expressing any view on the merits of the controversy involved in the matter, the Writ Petition is disposed on the following terms:- (i) it shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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