VISHNU KUMAR SIKARAVAR Vs. ANIL KUMAR GARG AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 8224 of 2016, Judgment Date: Aug 22, 2016

                                                   NON-REPORTABLE

                         IN THE SUPREME COURT OF INDIA
                        CIVIL  APPELLATE JURISDICTION

                         CIVIL APPEAL NO. 8224 OF 2016
                 (Arising out of S.L.P.(C) No.18702 of 2016)

VISHNU KUMAR SIKARAVAR                                   Appellant(s)         

                                   Versus

ANIL KUMAR GARG AND OTHERS                               Respondent(s)        


                      J U D G M E N T

KURIAN, J.

1.    We have heard learned counsel for the parties.
2.    Leave granted.
3.    On 12th July, 2016, this Court passed the following order :-
      “Permission to file special leave petition is granted.

      Delay condoned.

      Issue notice, returnable after three weeks.

       Mr.  Arjun  Garg,  learned  counsel,  accepts  notice  on  behalf  of
respondent No.1.

      It is pointed out that pursuant to the impugned  judgment,  the  State
of Uttar Pradesh has restored the financial  and  administrative  powers  in
purported implementation of the judgment.  But it is seen from the  impugned
judgment that the show cause notice itself has been quashed  on  the  ground
that before restraining the first respondent from exercising  the  financial
and administrative powers, an opportunity for hearing was not granted.

      Therefore, pending the special leave petition, we direct the State  of
Uttar Pradesh to issue a fresh show cause notice and afford  an  opportunity
for hearing as to why the first respondent should  not  be  restrained  from
exercising the  financial  and  administrative  powers  on  account  of  the
reasons stated in the show cause notice and pass fresh  orders.   The  whole
exercise shall be completed in one month from today.

      The petitioner is directed to communicate a copy of this order to  the
competent authority, who has issued the notice which has  been  impugned  in
the writ petition.

      It is also made clear that any steps taken  by  the  first  respondent
pursuant to the permission now granted by the State of  Uttar  Pradesh  will
be subject to the result of the special leave petition and the orders to  be
passed by the State, as above.

      Post after one month.”

4.    Mr. K.V. Vishwanathan, learned senior counsel appearing on  behalf  of
Respondent No.1 submits that pursuant to the  above  order,  the  respondent
has been issued notice and reply has also been filed  before  the  competent
authority.
5.    In the above circumstances, there is no point in keeping  this  matter
pending. We, accordingly, dispose of the appeal  with  a  direction  to  the
competent authority to pass final orders in the matter  after  affording  an
opportunity of hearing to the  appellant  and  Respondent  NO.1.   The  same
shall be done within a period of three weeks from today.
6.    In that view of the matter, all contentions available to  the  parties
are kept open.
7.    Copy of the order passed by the competent  authority  shall  be  filed
before this Court for perusal, within four weeks.
8.    Pending applications, if any, stand disposed of.


                                              ........................J.
                                                    (KURIAN JOSEPH)


                                              ........................J.
                                            (ROHINTON FALI NARIMAN)
New Delhi,
August 22, 2016