Yogesh Vs. Union of India and Others - Court Judgment

CWP No.5301 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5301 of 2013 Date of decision:13.03.2013 Yogesh .....Petitioner versus Union of India & others ....Respondents CORAM:- HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.

Present: Mr.Sanjiv Gupta, Advocate for the petitioner....Tejinder Singh Dhindsa, J.

(Oral) It has been averred that the petitioner had submitted an application for appointment to the posts of Sub Inspector (direct entry) in the Border Security Force in response to an advertisement issued by the respondent-authorities in the year 2011.

it has further been pleaded that the petitioner had been permitted to participate in the various stages of selection, which included a pre-entry test, the physical test as also a medical test.

Even the interview of the petitioner was conducted.

The grievance of the petitioner, who claims to be a selected candidate is that an impugned show cause notice dated 19.02.2013 (Annexure P-5) has been issued in terms of which an allegation has been raised that the petitioner has been found indulging in malpractices in a post examination analysis.

The instant writ petition is directed CWP No.5301 of 2013 -2- against such show cause notice.

A perusal of the impugned show cause notice would reveal that the petitioner has been granted an opportunity of filing reply within 10 days' so as to explain his position prior to taking any final decision as regards his candidature being cancelled and he being debarred from appearing in any future examination.

Learned counsel for the petitioner would very fairly concedes that the petitioner has already responded to the show cause notice in terms of submitting a reply dated 26.02.2013, even though the same has not been placed on record.

In the light of such factual position that the impugned order dated 19.02.2013 is only in the nature of show cause notice and that the petitioner has already submitted a reply thereto, it would not be appropriate for this Court to examine the validity of such show cause notice.

Even otherwise, the impugned show cause notice dated 19.02.2013 can not be construed as a final order passed to the detriment of the petitioner.

At this stage, learned counsel for the petitioner would pray that he would be satisfied, if the present writ petition is disposed of with a direction to respondent No.2 to take a final decision in the matter as the petitioner would at the very least be vested with a right to be informed as regards his candidature for the post of Sub Inspector (direct entry) in the Border Security Force to which he already stands selected.

The prayer made by the counsel is found to be reasonable CWP No.5301 of 2013 -3- by this Court.

The present writ petition accordingly is disposed of with a direction to respondent No.2 to take a final decision in pursuance to the show cause notice dated 19.02.2013 by taking into consideration the reply submitted by the petitioner as also after affording the petitioner an opportunity of personal hearing.

A final order in this regard be passed within a period of six weeks' from the date of receipt of a certified copy of this order.

Disposed of.

March 13, 2013 (TEJINDER SINGH DHINDSA) harjeet JUDGE